3>*' 


ACTS 


OF    THE 


GENERAL  ASSEMBLY 


OF    THE 


TATE    OF    VIEGINIA, 


PASSED  AT  CALLED  SESSION,  1862, 


IN    THE 


EIGHTY-SEVENTH  YEAR  OF  THE  COMMONWEALTH, 


EICHMONB: 

WILLIAM   F.   RITCHIE,   PUBLIC   PEINTEK* 

1862. 


Digitized  by  the  Internet  Archive 

in  2012  with  funding  from 

University  of  North  Carolina  at  Chapel  Hil 


http://archive.org/details/actsofgeneralassvirg 


ACTS 


PASSED     AT     THE 


CALLED     SESSION,    1862. 


Chap.  3. — An  ACT  to  provide  for  the  production,  distribution  and  sale  of 
Salt  in  this  Commonwealth. 

Passed  October  1,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  governor  of  powers  of  gc- 
this  commonwealth  may  adopt  every  such  measure  and  do  every  ^ ernor 
such  act  as  in  his  judgment  may  be  necessary  and  proper  to  be  done, 

in  order  to  secure  the  possession,  production  or.  distribution  to  con- 
venient places,  of  such  quantity  of  salt  as  will  in  his  judgment  be 
sufficient  to  supply  the  people  of  this  commonwealth  :  and  to  that  Faith  of  com- 
end,  may  bind  the  faith  of  the  commonwealth  for  the  performance  ho°wT>iedged 
of  such  contracts  and  engagements  as  he  may  determine  to  be  neces- 
sary and  proper ;  and  may  exercise  full  authority  and  control  over 
the  property  and  franchises  of  any  person,  firm  or  company  in  this 
commonwealth,   whenever  he  shall  judge  it   to  be  necessary  and 
proper  to  exercise  the  same,  in  order  to  secure  the  possession,  pro- 
duction or  distribution  of  the  quantity  of  salt  aforesaid:  provided,  Washington  and 
that  nothing  herein  contained  shall  be  construed  to  authorize  the  wor^not^to  be 
purchase  of  the  Smyth  and  Washington  or  Kanawha  salt  works,  or  Pnrchaae(i 
any  freehold  interest  therein. 

2.  If,  in  the  opinion  of  the  governor,  in  order  to  obtain  a  speedy  property,  ho-w 
and  sufficient  supply  of  salt,  it  shall  be  expedient  to  do  so,  he  may  seized'  &c- 
seize,  take  possession  of  and  hold  and  exercise  full  authority  and 

control  over  the  property,  real  and  personal,  of  any  person,  firm  or 
company,  and  any  engines,  machinery  or  fixtures  and  other  property 
or  thing  necessary  for  the  production  of  salt  in  this  commonwealth, 
whenever  he  shall  judge  it  to  be  necessary  to  exercise  the  power 
hereby  conferred,  in  order  to  secure  the  production  and  distribution 
of  the  quantity  of  salt  aforesaid. 

3.  If,  by  the  exercise  of  the  power  conferred  by  the  second  sec-  what  contracts 
tion  of  this  actf  any  property  should  be  taken  in  relation  to  which  to  be  resPected 
there  may  be  existing  contracts  with  the  Confederate  States,  or  any 

of  the  states  of  the  Confederate  States,  or  with  any  county,  city  or  contracts  with 
town  in  this  commonwealth,  entered  into  by  virtue  of  an  act  of  the  bTrespecttd  *° 


SALT. 


general  assembly,  entitled  an  act  to  authorize  the  county  courts  to 

purchase  and  distribute  salt  among  the  people,  aud  provide  payment 

what  contracts  for  the  same,  passed  May  ninth,  eighteen  hundred  and  sixty-two,  or 

with  individuals  ,,.     .     -■.    .-      ,      „    '      .       ,  „        - 

to  be  respected  any  contract  with  individuals  lor  the  benefit  ot  any  county,  city  or 
towto,  which  contract  may  have  subsequently  been  adopted  by  such 
county,  city  or  town,  under  the  act  aforesaid :  provided,  that  such 
contracts  with  aud  for  said  counties,  shall  not  be  respected  for  a 
larger  amount  of  salt  than  the  twenty  pounds  for  each  inhabitant  pro- 
posed by  the  lessees  to  be  furnished  in  the  proposition  on  which  said 
act  was  founded,  the  same  shall  be  respected,  and  the  supply  of  salt 
when  contracts  or  salt  water  so  contracted  for  shall  be  furnished.  If  a  sufficient, 
to  be  disre-  '  supply  of  salt  water  cannot  be  obtained  at  the  wells  now  producing 
salt  water,  for  the  production  of  a  sufficient  supply  of  salt  for  the 
people  of  the  state,  or  cannot  promptly  be  obtained  from  new  wells, 
then  the  governor  is  empowered  to  disregard,  in  whole  or  in  part, 
such  contracts  with  the  states  of  the  Confederate  States ;  but  if  a 
surplus  of  water  may  exist,  then  the  governor  is  directed  to  furnish 
to  the  other  states  of  the  Confederate  States,  out  of  any  surplus  of 
salt  water  that  may  remain  after  the  supply  of  a  sufficient  quantity 
to  the  state  of  Virginia:  provided,  that  nothing  in  this  act  shall  be 
so  construed  as  to  authorize  the  governor  to  prevent  the  owners  of 
salt  property,  or  their  assignees,  from  manufacturing  and  selling  salt 
from  salt  water,  or  fossil  salt  remaining  after  all  the  uses  of  the  state, 
under  the  provisions  of  this  act,  are  supplied. 


irded 


When  other 
states  to  be 
furnished 


When  rail  roads 
inay  be  taken 


4.  The  governor  may  take  control  of  any  rail  road  or  canal  in  this 
state,  if  necessary  for  the  transportation  of  salt  for  distribution,  or 
for  the  transportation  of  fuel  or  other  thing  necessary  for  the  pro- 
duction of  salt;  but  the  power  conferred  by  this  section  shall  not  be 
so  exercised  as  to  interfere  with  the  transportation  of  troops,  muni- 
tions of  war  and  army  supplies,  by  the  confederate  government. 


Places  of  distri 
bution 


lations 
Publication 


5.  The  governor  shall  designate  places  in  the  commonwealth  from 
which  the  sale  and  distribution  of  such  salt  may  be  made  to  citizens 
Rules  and  regu-  of  this  commonwealth,  and  prescribe  rules  and  regulations  for  the 
sale  of  the  same,  and  the  prices  at  which  it  shall  be  sold.  When 
such  prices  shall  be  so  prescribed  and  published  for  two  weeks  in 
some  newspaper  published  in  the  city  cf  Eichmond,  the  sale  of  such 
salt  at  any  higher  price  than  the  price  so  prescribed,  shall  be  a  mis- 
demeanor, and  the  sale  of  each  bushel,  or  any  part  of  a  bushel 
thereof,  at  a  rate  higher  than  the  price  so  prescribed,  shall  be  a  sepa- 
rate offence.  Any  violation  of  the  rules  and  regulations  so  pre- 
scribed, shall  be  a  misdemeanor.  Upon  conviction  of  any  person 
under  this  act,  he  shall  pay  a  fine  of  not  less  than  one  hundred  nor 
more  than  two  thousand  dollars. 


Violation  of 
rules  a  misde 
meanor 


6.  If  the  governor  shall  find  it  necessary  to  employ  agents  to  re- 


Agents,  how 

Bond°ye  ceive  money  for  the  sales  of  salt,  he  shall  require  them  to  give  bond, 


9& 


*  SALT.  i 

with  such  penalty  as  the  governor  may  require,  with  good  security, 

to  be  approved  by  the  governor,  payable  to  the  commonwealth,  with  How  payable 

condition  to  pay  all  money  received  from  the  sale  of  salt,  into  the 

treasury,  to  the  credit  of  the  commonwealth,  at  the  end  of  each 

month. 

7.  The  sum  of  five  hundred  thousand  dollars  is  hereby  appro-  Amount  appro- 
priated, to  be  paid  out  of  the  treasury,  upon  warrant  to  be  issued  by 

the  auditor  of  public  accounts,  upon  the  orders  of  the  governor  in  Orders  of  go- 
writing,  to  be  given  only  in  payment  of  liabilities  incurred  for  the 
purposes  of  this  act. 

8.  For  the  use  of  any  of  the  property,  real  or  personal,  which  Damages,  how 
may  be  used,  occupied,  possessed  or  controlled  by  the  governor,  a  Board  of  as- 
board  of  assessors,  to  be  composed  of  five  persons  not  members  of sessors 

the  general  assembly,  who  shall  be  appointed  by  a  joint  vote  of  the 
two  houses,  a  majority  of  whom  may  act  and  shall  concur,  shall  assess 
reasonable  compensation  or  damages ;  which  shall  be  paid  on  the  Damages,  how 
written   order  of  the  governor,  upon  a  written  assessment,  to  be 
signed  by  a  majority  of  the  members  of  the  board,  with  their  affi- 
davits that  such  assessment  is,  in  the  opinion  of  the  board,  reason- 
able and  just.     Such  assessment  shall  be  delivered  to  the  governor,  Assessment  de- 
to  be  filed  by  him  in  the  office  of  the  secretary  of  state :  and  a  copy  vernor  °  g° 
thereof  shall  be  forwarded  by  the  secretary  to  the  person,  firm  or 
company  who  may  be  entitled  to  the  compensation  or  damages;  and  when  assess- 
unless  such  person,  firm  or  company  shall,  within  thirty  days  after 
9uch  copy  shall  be  delivered  to  them,  refuse,  by  written  objections, 
to  accept  the  same,  such  assessment  shall  be  deemed  to  be  final.     If  wrhen  appeal 
the  governor,  on  behalf  of  the  state,  or  if  any  such  person,  firm  or 
company  shall,  within  thirty  days  after  such  assessment  shall  have 
been  so  filed  with  the  secretary  of  the  commonwealth,  file  such  writ- 
ten objections  with  the  secretary  of  the  commonwealth,  and  in  the 
office  of  the  circuit  court  of  the  city  of  Richmond,  an  appeal  shall 
lie  from  such  assessment  to  the  said  circuit  court ;  and  the  proceed- 
ings thereon  in  said  court  shall  be  according  to  the  provisions  of 
chapter  fifty-sis  of  the  Code  of  Virginia,  as  far  as  the  same  are  ap- 
plicable thereto,  except  that  the  commonwealth  shall  not  be  required 
to  pay  the  compensation  or  damages  to  the  party  entitled  thereto,  nor 
into  court,  before  the  decision  of  the  appeal.     No  order  shall  be  induction  nor 
made,  nor  any  injunction  awarded  by  any  court  or  judge,  to  stay  any 
proceedings  of  the  governor,  or  his  authorized  agents,  under  this  act. 
The  board  shall  be  convened  at  such  times  and  places  as  the  governor  Board,  how 
may  order,  and  shall  be  paid  each  the  sum  of  four  dollars  per  day,  convene 
and  actual  expenses  incurred  in  traveling;  to  be  paid  b}"  warrants 
to  be  issued  upon  the  orders  of  the  governor. 

9.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  Commencemen; 
in  force  until  the  expiration  of  the  present  war. 


6  PUBLIC    DEFENCE.  • 

Cu.\r.  2. — An  ACT  to  further  provide  for  the  Public  Defence. 
Passed  October  3,  1862. 

Duty  of  go-  l.  Be  it  enacted  by  the  general  assembly,  that  the  governor  of  this 

commonwealth  shall,  when  requested  by  the  president  of  the  Con- 
federate States,  be  and  he  is  hereby  authorized  and  required  from 

sinves,  how  time  to  time  to  call  into  the  service  of  the  Confederate  States,  for 
labor  on  fortifications,  and  other  works  necessary  for  the  public  de- 
Number  limited  fence,  for  a  period  not  exceeding  sixty  days,  a  number  of  male  slaves 
between  the  ages  of  eighteen  and  forty-five  years,  not  exceeding  ten 

Per  rentage  in  thousand  at  any  one  time,  and  not  exceeding  in  any  county,  city  or 
town  five  per  centum  of  the  entire  slave  population  thereof.  Such 
requisition  shall  be  apportioned  ratably  among  all  the  slaveholders  in 
the  several  counties,  cities  and  towns  on  which  the  requisition  shall 

Compensation  be  made.  The  sum  of  sixteen  dollars  per  month  for  each  slave  shall 
be  paid  by  the  Confederate  States  to  the  holders  of  the  slaves,  and 

value  of  slaves,  soldier's  rations,  medicines  and  medical  attendance  furnished;  and 
e  pai  the  value  of  all  such  slaves  as  may  escape  from  the  confederate  au- 
thorities and  not  return  to  their  owners,  or  be  seized  or  killed  by  the 
public  enemy,  or  may,  by  want  of  due  diligence  on  the  part  of  the 
authorities  of  the  Confederate  States,  in  any  manner  be  lost  to  the 
owners,  shall  be  paid  by  the  Confederate  States  to  the  owners  of 

Farther prori-  such  slaves,  and  in  like  manner  compensation  shall  be  made  for  any 
injury  to  slaves  arising  from  a  want  of  due  diligence  on  the  part  of 

Burden  of  the  authorities  of  the  Confederate  States ;   and  in  those  cases  the 

burden  of  proof  shall  be  on  the  authorities  of  the  Confederate  States 

slaves  hired,  to  discharge  the  latter  from  liability  to  the  former.  Slaves  hired  by 
regai  e  individuals  having  other  slaves,  shall  be  regarded  as  in  the  posses- 
sion of  their  owners,  and  classed  accordingly  in  regard  to  confederate 
service. 

Notice  to  conn-       2.   Be  it  further  enacted,  that  so  soon  as  the  governor  shall  call 

v,  given   ouj.  a  force  0f  s]aYeg  from  any  or  all  of  the  counties,  cities  and  towns 

of  the  commonwealth,  under  this  act,  he  shall  give  notice  thereof  to 

the  several  counties,  cities  and  towns  on  which  the  call  may  be  made, 

Requisitions,  by  causing  to  be  filed  with  the  clerks  of  the  several  county  and  cor- 
poration courts,  copies  of  the  requisitions  made  on  their  respective 

Summons  counties,  cities  and  towns.    It  shall  be  the  duty  of  the  said  clerks  forth- 

with to  issue  a  summons  to  all  the  acting  justices  of  their  respective 
counties  or  corporations,  requiring  them  to  meet  at  the  courthouse  of 
the  county  or  corporation  on  a  day  .to  be  named  in  the  summons,  not 
later  than  three  days  from  the  filing  of  the  requisition,  to  carry  the 

How  directed  same  into  eifect ;  which  summons  shall  be  directed  to  and  executed 
by  the  sheriff  of  the  county  or  sergeant  of  the  corporation,  as  the 
case  may  be. 


Duty  of  county      3.  It  shall  be  the  duty  of  the  several  county  and  corporation  courts, 
after  being  duly  summoned  as  aforesaid,  and  not  less  than  five  justices 


courts 


PUBLIC    DEFENCE.  7 

being  present,  to  call  to  their  assistance  the  commissioners  of  the  Commissioners 

...  .  .  -,  ..  ic  of  revenue 

revenue  of  their  respective  counties  and  corporations,  and  alter  as- 
certaining the  entire  slave  population  thereof,  to  apportion,  without  Requisitions, 
delay,  the  requisitions  aforesaid,  ratably  among  all  the  slaveholders  tionedPP° 
of  the  county  or  corporation,  throwing  into  classes,  when  necessary,  Classes,  whou 
the  holders  of.  but  one  or  few  slaves,  and  ascertaining,  by  lot,  or  by 
agreement  between  the  parties,  the  slave  or  slaves  to  be  sent  to  the 
fortifications  from  such  classes :  provided,  that  in  no  case  of  a  soldier  Proviso  as  to 
in  the  confederate  army,  owning  or  hiring  but  one  male  slave,  shall 
the  said  male  slave  be  subject  to  requisition  under  this  act. 

4.  So  soon  as  the  apportionment  aforesaid  shall  be  made,  it  shall  be  slaves,  when  to 
the  duty  of  the  courts  of  the  several  counties  and  corporations  to  re-  sheriff V 
quire  each  slaveholder  to  deliver,  on  a  day  and  at  a  place  to  be  ap- 
pointed by  the  court,  not  more  than  three  days  from  the  date  of  the 

order,  his  quota  of  slaves  to  the  sheriff  or  sergeant,  as  the  case  may  be, 
60  be  delivered  by  such  sheriff  or  sergeant  to  an  agent  or  officer  of  the  sheriff  to  de- 
Confederate  States.     All  slaves  delivered  by  the  holders  on  the  day  07agent°   °er 
and  at  the  place  designated  as  aforesaid,  to  be  returned  at  the  expi-  slaves,  when  to 
ration  of  sixty  days.     Slaves  not  delivered  in  accordance  with  the  whenTiaves 
order  of  the  court,  shall  be  seized  by  the  sheriff  or  sergeant,  as  the  may  *** seize<1 
case  may  be,  and  delivered  to  the  agent  or  officer  of  the  Confederate 
States  authorized  to  receive  them,  who  shall  thereupon  execute  a 
separate  receipt  to  each  owner  for  the  slave  or  slaves,  naming  them, 
so  delivered  by  him,  and  may  be  held  on  the  terms  and  conditions 
aforesaid,  for  a  period  not  exceeding  ninety  days. 

5.  The  ®lerk  and  sheriff  or  sergeant  shall  attend  the  sessions  of  the  Duration  of 
court  as  in  other  cases ;  and  the  court  shall  continue  in  session  from  courtg 
day  to  day  until  the  business  shall  be  completed. 

6.  Should  any  county  or  corporation  court  foil  or  refuse  to  dis-  when  court 
charge  the  duties  hereby  imposed  upon  them,  it  shall  be  the  duty  of  dtat^ta^oMd8* 
the  clerk  of  such  court  immediately  to  notify  the  governor  thereof; 

and  thereupon  it  shall  be  the  duty  of  the  governor,  by  officers  and  powers  of 
agents  of  his  own  selection,  with  the  aid  of  the  commissioners  of  the  governor 
revenue  of  the  respective  counties,  cities  and  towns,  who  are  hereby 
directed  to  render  such  aid  when  required,  to  impress  into  the  service  when  slaves 
of  the  Confederate  States,  from  any  such  county,  city  or  town,  the  ™^g^ im" 
proportion  of  slaves  demanded  by  him  from  such  county  or  corpora- 
tion, not  exceeding  five  per  centum  of  the  entire  slave  population 
thereof,  apportioning  the  same  among  the  slaveholders,  as  herein 
above  set  forth,  as  near  as  may  be,  and  holding  the  same  not  longer  How  long  they 
than  ninety  days  for  the  uses  and  upon  the  terms  and  conditions  set  may  be  retained 
forth  in  the  first  section  of  this  act. 

7.  In  making  the  requisitions  authorized  by  this  act,  the  governor  Burden  to  be . 
is  requested  to  equalize  the  burden,  as  nearly  as  may  be,  among  the  e(iualizeti 


PUBLIC    DEFENCE. — MILITARY   AFFAIRS. 


Regard  to  be 

had  to  number 
of  slaves  pre- 
viously fur- 
Dished 


several  counties,  cities  and  towns  of  the  commonwealth,  and  amongst 
the  citizens  thereof,  having,  when  practicable,  due  regard  to  the 
number  of  slaves  heretofore  furnished  by  any  counties  or  corpora- 
tions, or  the  citizens  thereof,  under  any  call  heretofore  made  by  the 
president  or  secretary  of  war,  or  any  officer  of  the  confederate  army. 

when  certain  '  8.  So  soon  as  a  requisition  may  be  made  upon  any  county,  city  or 
slaves  furnished,  town,  it  shall  be  lawful  for  any  number  of  persons  who  may  be  re- 
owneree°f  quired  to  furnish  not  less  than  thirty  nor  more  than  forty  slaves,  to 
place  such  slaves  in  charge  of  an  agent  or  overseer  selected  by  such 
owners,  who  shall  deliver  them  to  the  cmfederate  authorities,  at  the 
place  where  the  labor  is  to  be  performed,  at  the  expense  of  the  Con- 
federate States ;  and  such  agent  or  overseer,  if  a  fit  and  proper  per- 
son, shall  be  employed  by  the  confederate  government  as  the  agent 
or  overseer  in  charge  of  the  slaves  during  their  service  of  sixty  days. 


Overseer,  how 
appointed 


.Subsistence, 
how  commuted 


9.  The  owner  of  any  slaves  may  furnish  subsistence  and  provisions 
to  his  slaves,  and  in  such  event  shall  be  allowed  commutation  in 
money  in  lieu  of  rations,  at  the  rate  of  sixty  cents  a  day. 

10.  All  slaves  sent  voluntarily  by  their  owners  and  accepted  by 
the  agents  of  the  confederate  government,  shall  stand  on  the  same 
footing  as  if  sent  in  pursuance  of  the  proceedings  required  by  this  act. 

Acceptance  by       11.   Any  request  for  slaves  made  by  the  president  on  the  governor 
states61'  under  this  act,  shall  be  regarded  an  assent  to  and  acceptance  of  all 

its  provisions  by  the  Confederate  States. 

Commencement      12.    This  act  shall  be  in  force  from  its  passage. 


When  militia 
officers  may  be 
removed  by 
.governor 


Reasons  to  be 
assigned  by 
governor 


Chap.  3. — An  ACT  for  the  dismissal  of  Militia  Officers  for  treason  or 
disloyalty. 

Passed  October  6,  1868. 

1.  Be  it  enacted  by  the  general  assembly,  that  whenever  any  offi- 
cer of  the  militia  shall  be  guilty,  in  the  opinion  of  the  governor,  of 
treason  or  disloyalty,  it  shall  be  lawful  for  the  governor  to  remove 
such  officer ;  and  the  vacancy  thereby  occasioned  shall  be  filled  in 
the  mode  now  prescribed  by  law.  The  senate  shall  at  all  times 
have  power  to  reverse  the  action  of  the  governor ;  and  thereupon 
the  commissions  issued  in  consequence  of  such  dismissal,  shall  be 
void :  provided,  that  no  officer  shall  be  dismissed,  except  in  case? 
where  he  cannot  be  arrested  and  served  with  the  charges  and  specifi- 
cations against  him,  as  is  at  present  provided  by  law. 

2.  It  shall  be  the  duty  of  the  governor,  in  all  cases  of  removal,  to 
assign  his  reasons  therefor,  in  writing,  and  communicate  the  same  to 
the  next  general  assembly. 


Commencement      3.   This  act  shall  be  in  force  from  its  passage. 


MILITARY   AFFAIRS. 


Chap.  4. — An  ACT  amending  and  re-enacting  an  act  amending  and  re- 
enacting  the  2d  section  of  chapter  22  of  the  Code  of  Virginia,  respecting 
persons  exempt  from  all  military  duties,  and  providing  the  mode  of  ex- 
emption, passed  February  18th,  1862.    • 

Passed  October  1,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  amending  Act  1862 
and  re-enacting  the  second  section  of  chapter  twenty-two  of  the 

Code  of  Virginia,  respecting  persons  exempt  from  all  military  duties, 
and  providing  the  mode  of  exemption,  passed  February  eighteenth, 
eighteen  hundred  and  sixty-two,  be  amended  and  re-enacted  so  as  to 
read  as  follows : 

"§  2.  The  following  persons  only  shall  be  exempt  from  the  per- who  exempted 
formance  of  all  military  duties,  to  wit :  the  vice-president  of  the 
Confederate  States ;  the  officers,  judicial  and  executive,  of  the  go- 
vernment of  the  Confederate  States ;  the  members  of  both  houses  of 
congress,  and  the  clerk  of  each  house ;  all  custom  house  officers  ;  the 
lieutenant  governor,  and  all  the  members  of  the  general  assembly, 
during  the  term  for  which  they  were  elected  or  appointed ;  the  secre- 
tary of  the  commonwealth,  and  his  clerks ;  the  clerks  of  the  house 
of  delegates  and  senate ;  the  judges  of  the  court  of  appeals  and  cir- 
cuit courts,  attorneys  for  the  commonwealth,  and  the  justices  of  the 
peace  ;  the  clerk  of  each  of  said  courts,  and  of  each  county  and  cor- 
poration court ;  judge  of  hustings  court;  the  sheriff  of  each  county, 
and  the  sergeant  and  collector  of  taxes  of  each  corporation  having  a 
hustings  court,  and  the  commissioners  of  the  revenue ;  the  attorney 
general,  the  treasurer,  two  auditors,  register  of  the  land  office,  su- 
perintendent of  the  penitentiary,  and  their  clerks  and  assistants ; 
every  minister  of  the  gospel  licensed  to  preach  according  to  the  rules 
of  his  sect ;  superintendents  of  the  public  hospitals,  lunatic  asylums, 
and  the  regular  nurses  and  attendants  therein,  and  the  teachers  em- 
ployed in  the  institution  for  the  deaf  and  dumb  and  blind ;  one  phy- 
sician to  each  two  thousand  population,  to  be  selected  by  the  board 
herein  after  constituted ;  the  president,  the  general  superintendent 
and  two  local  superintendents  of  the  southern  telegraph  companies, 
in  no  case  to  exceed  four  persons ;  the  president  and  superintendent 
of  transportation  of  each  rail  road  company;  the  president,  secre- 
tary and  chief  collector  of  each  canal  company.  No  one  shall  be 
exempt  from  draft  by  reason  of  his  being  an  agent  of  a  commissary 
or  assistant  commissary,  or  quartermaster  or  assistant  quartermaster, 
whether  said  commissary  or  assistant  commissary,  or  quartermaster 
or  assistant  quartermaster  be  in  the  service  of  the  Confederate  States 
or  of  this  state,  or  by  reason  of  his  holding  any  office  or  commission 
in  the  militia :  and  whenever  any  militia  officer  is  drafted  for  actual 
service,  his  commission  shall  be  vacated." 

2.  If  the  constituted  authorities  of  any  city  shall,  within  twenty  officers  of  city, 
days  after  any  draft  has  been  made  therefrom,  apply  to  the  governor  how  exempted 


10 


MILITARY  AFFAIRS. 


for  the  purpose,  he  shall  exempt  from  actual  military  service  any 
drafted  person  who  may  be,  at  the  time  of  the  draft,  an  officer  of 
such  city,  or  in  its  service,  in  connection  with  its  gas  or  water  work* 
or  fire  and  police  departments;  and*lf  within  twenty  days  after  any 
draft,  the  president  and  superintendent  of  any  rail  road,  canal  and 
telegraph  company  shall  certify,  upon  their  honor,  to  the  governor 
that  the  services  of  any  drafted  person,  who  is  an  officer  or  employee 
of  such  compan3r,  are  necessary  to  the  efficient  operation  of  the  said 
road,  the  governor  may,  in  his  discretion,  exempt  such  person  from 
actual  military  service.  Any  person  exempted  under  this  section 
shall  be  deemed  to  be  detailed  for  duty  in  the  post  or  place  he  filled 
at  the  time  he  was  drafted,  without  pay  as  a  soldier ;  and  in  case  he 
shall  leave  the  service  of  such  city  or  company,  he  shall  at  once  be 
remanded  to  the  military  service  for  which  he  was  drafted ;  and  if 
any  such  person  shall  fail,  for  ten  days  after  leaving  such  service,  to 
report  himself  to  the  governor  or  to  some  military  officer  for  duty  as 
a  soldier,  he  shall  be  proceeded  against  as  a  deserter.  The  governor 
shall  promptly  cause  the  places  of  all  persons  exempted  under  this 
section  to  be  filled  by  further  draft  from  the  respective  counties, 
Duty  of  mayor,  cities  and  towns  from  which  such  persons  were  drafted.  It  shall  be 
the  duty  of  the  president  or  mayor  of  the  city,  or  company,  as  the 
case  may  be,  promptly  to  report  to  the  governor  the  name  of  any 
person  so  exempted,  who  may  have  left  the  service  for  which  he  was 
detailed. 


Powers  of 
governor 


When  exempt 
remanded  to 
service 


How  places  of 
exempts  to  be 
filled 


Boards  of  ex- 
emption, how 
constituted 


3.  Immediately  after  the  passage  of  this  act,  the  governor  shall 
issue  his  proclamation,  requiring  the  organization  of  a  board  of  ex- 
emptions in  each  county  and  corporation,  to  consist  of  the  presiding 
justice  or  recorder,  and  any  two  justices  whom  such  presiding  justice 
or  recorder  may  associate  with  him.  In  case  the  presiding  justice 
or  recorder  cannot  for  any  cause  act,  the  chief  clerk  of  the  hust- 
ings or  county  court  shall  summon  any  three  justices,  who  shall 
constitute  such  board.  Such  clerk  shall  act  as  clerk  of  the  board. 
In  case  there  be  no  such  clerk  present  and  capable  of  acting,  the 
clerk  of  the  circuit  court  shall  act ;  or  if  no  such  board  should  be 
organized,  the  governor  may  designate  any  three  justices  of  the 
county  or  corporation,  who  shall  constitute  the  board,  and  appoint 
their  own  clerk. 


Powers  of 
boards  of  ex- 
emption 


4.  The  board  shall  have  cognizance  of  all  questions  of  exemption, 
and  shall  adjudge  the  sufficiency  of  the  excuse  given  by  any  person, 
who,  by  reason  of  his  failure  to  report  his  name  for  enrollment,  as 
required  by  the  act  entitled  an  act  for  ascertaining  aiid  enrolling  the 
military  force  of  the  commonwealth,  passed  February  eighth,  eigh- 
teen hundred  and  sixty-two,  may  have  been  enrolled  among  the 
drafted  levies,  as  prescribed  in  said  act.  For  punishing  contempt* 
and  compelling  the  attendance  of  witnesses,  the  board  shall  have  the 
powers  of  a  county  court. 


MILITARY  AFFAIRS. REDRESS   OF    LOYAL    CITIZENS.  11 

5.  In  no  case  shall  the  board  grant  a  discharge  upon  a  claim  of  Discharges  for 
exemption  for  bodily  infirmity,  unless  at  least  two  physicians  of  re-  armtty.how 
spectable  standing,  being  duly  sworn,  shall  prove  before  said  board  gran  e 

that  the  bodily  infirmity  is  of  a  permanent  character,  and  is  such  as 
will  disqualify  the  claimant  for  discharging  the  duties  of  a  soldier. 

6.  Every  claim  for  exemption  or  excuse  shall  be  filed  with  the  Exemptions, 
clerk  of  the  board,  who  shall  issue  process  for  such  witnesses  as  the 
claimant  or  enrolling  officer  may  require ;  and  within  five  days  after 

a  draft  is  made,  and  on  a  day  to  be  designated  by  the  board,  the.  trial 
of  cases  of  exemption  and  excuse  shall  commence ;  and  the  same 
shall  be  disposed  of  in  a  summary  manner  as  speedily  as  may  be. 
The  clerk  of  the  board  shall  promptly  report  to  the  adjutant  general 
the  name  of  each  person  exempted  or  excused  by  the  board. 

7.  For  every  failure  to  discharge  anv  duty  prescribed  in  this  act,  Penalties  on 

i  i  i  -i  -ii  i'i  ii/>-iii         board  for  failura 

the  members  or  the  board  and  the  clerk  may  each  be  fined  not  less 
than  ten  nor  more  than  one  hundred  dollars. 

8.  All  acts  and  ordinances  and  parts  of  acts  and  ordinances  incon-  Repealing' claase 
sistent  with  this  act,  are  hereby  repealed. 

9.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  5. — An  ACT  to  redress  Loyal  Citizens  injured  by  the  exercise  of 
usurped  power. 

Passed  October  2,  1862. 

Whereas  disloyal  persons  have  conspired  to  overthrow  the  legiti-  Preamble 
mate  authority  of  this  commonwealth,  and  for  that  purpose  have 
established  within  the  limits  thereof  an  usurped  government,  whose 
power  is  exercised  to  the  injury  and  oppression  of  the  loyal  people  of 
this  state  within  its  influence  :  and  whereas  the  general  assembly  is 
desirous  of  providing  redress  to  such  injured  persons  against  such 
conspirators :    Therefore, 

1.   Be  it  enacted  by  the  general  assembly,  that  every  person  who,  Penalties  im- 
since  the  seventeenth  day  of  April,  Anno  Domini  eighteen  hundred  sons  gum^o?61" 
and  sixty-one,  has  been  or  shall  be  guilty  of  establishing  or  of  at-  usurp^g^-em- 
tempting  to  establish, -without  the  authority  of  the  legislature,  anyment'&c- 
government  within  the  limits  of  this  state,  separate  and  apart  from 
the  existing  government,  or  who  has  held  or  exercised,  or  who  may  Holding  office 
hereafter  hold  or  exercise,  in  suoh  usurped  government,  any  office,  veVnment 
civil  or  military,  legislative,  executive  or  judicia^>r  any  authority, 
howsoever  conferred,  dependent  on  a  recognition  or  establishment  of 
such  usurped  government,  or  who  has  been  or  may  hereafter  be  a 


12 


REDRESS    OP   LOYAL    CITIZENS. REDRESS    OF    CITIZENS. 


Incapable  of 
conveying  real 
estate 


surety  in  bond  or  otherwise,  under  any  requirement  or  practice  of 
such  usurped  government,  for  any  oue  who  has  held  or  may  hereafter 
hold  any  such  office  or  authority,  shall  be  incapable,  by  deed  or  other- 
wise, of  selling,  conveying,  devising  or  encumbering  any  real  estate 
situate  in  this  state.  Every  deed  or  other  instrument  intended  to 
operate  on  such  estate,  and  every  acknowledgment,  proof  or  certifi- 
cate of  the  execution  thereof,  and  the  record  thereof,  wheresoever 
made,  shall  be  null  and  void. 


Estates  of  per-  2.  The  estates  of  all  persons  mentioned  in  the  preceding  section. 
jecte'a  toredresa  which  they  are  thereby  incapacitated  from  conveying,  shall  be  and 
of  loyal  citizens  are  hereby  deciared  to  be  subjected  and  devoted  to  the  redress  and 
indemnification  of  all  persons,  loyal  to  this  commonwealth,  who 
have  been  or  may  be  injured  by  the  exercise  of  any  office  or  autho- 
rity, civil  or  military,  legislative,  executive  or  judicial,  howsoever  con- 
ferred under  the  said  usurped  government :  provided,  however,  that 
all  just  liens  on  such  estates,  existing  on  the  said  seventeenth  day  of 
April  eighteen  hundred  and  sixty-one,  shall  not  be  impaired. 


Proviso  as  to 
liens,  &c 


Commencement      3.    This  act  shall  be  in  force  from  its  passage. 


Chap.  6. — An  ACT  to  protect  and- indemnify  Citizens  of  Virginia. 
Passed  October  3,  1R62. 

Preamble  Whereas  an  act  or  acts  have  recently  been  passed  by  the  congress 

of  the  United  States,  authorizing  the  confiscation  of  the  property 
and  the  emancipation  of  the  slaves  of  loyal  and  true  citizens  of  the 
state  of  Virginia  and  of  the  Confederate  States ;  and  it  being  the 
duty  of  the  legislature  of  Virginia  to  protect  her  citizens,  and  as  far 
as  practicable,  indemnify  them  from  the  evil  consequences  of  the 
iniquitous  legislation  of  the  United  States  : 


Judge  or  other 
officer  of 
United  States 


Clerk,  &c. 


Purchasers  of 
property 
How  liable  to 
loyal  citizen 


1.  Be  it  therefore  enacted  by  the  general  assembly,  that  any 
judge  or  commissioner,  acting  under  the  authority  of  the  United 
States  government,  or  any  of  its  laws,  who  shall,  by  any  judgment, 
decision  or  decree,  subject  to  confiscation  or  sale  the  property  of  any 
citizen  of  this  commonwealth,  or  any  clerk  who  shall  issue  process 
for  the  sale  of  any  such  property,  or  any  marshal,  sheriff  or  commis- 
sioner who  shall  sell  the  same,  they  the  said  judge,  commissioner, 
clerk,  marshal  and  sheriff,  or  either  of  them,  and  their  securities,  or 
any  or  either  of  them,  and  the  purchaser  or  purchasers  of  any  such 
property,  and  their  personal  representatives,  shall  be  jointly  and 
severally  liable  to  any  citizen  of  Virginia,  or  to  his  personal  repre- 
sentative, whose^'operty  has  been  so  confiscated  or  sold,  for  double 
the  value  of  such  property,  with  interest  thereon,  at  the  rate  of  six 
per  centum  per  annum,  from  the  time  of  the  seizure  or  sale  of  such 


REDRESS   OF    CITIZENS.  13 

property ;  and  judgment  therefor  may  be  obtained  in  any  court  of  Judgment,  how 
record  in  this,  commonwealth,   against  such  judge,  commissioner,    . 
clerk,  marshal  and  sheriff,  or  either  of  them,  or  against  their  securi- 
ties, or  any  or  either  of  them,  or  against  the  purchaser  or  purchasers 
of  such  property,  or  their  personal  representatives,  upon  motion  in 
such  court,  upon  ten  days'  previous  personal  notice,  or  upon  thirty  Noyce,  how 
days'  notice  published  in  any  newspaper  in  the  city  of  Richmond,  or  gu 
in  any  paper  published  in  this  state. 

2.  The  remedy  hereby  given  shall  not  prejudice  the  right  of  such  Rights  of  citizen 
citizen  from  taking  possession  or  otherwise  recovering  possession  of  judiced    pre 
such  property,  or  any  part  thereof;  or  if  such  possession  should  be 

obtained,  the  right  of  such  citizen  to  the  benefit  of  such  liability  im- 
posed by  this  act,  shall  not  be  prejudiced  thereby ;  and  the  right  to  Judgment  to  be 

enforced. 

obtain,  or  when  obtained,  to  enfor.ee  such  judgment,  shall  not  be  im- 
paired by  reason  of  the  recovery  of  the  possession  of  the  property 
so  sold  or  confiscated. 

3.  Be  it  further  enacted,  that  any  officer  or  agent  of  the  United  As  to  leases 
States  government,  who  shall  let  or  lease,  or  cause  to  be  let  or  leased 

the'  property  of  any  citizen  of  Virginia,  the  said  officer  or  agent,  and 
his  securities,  and  the  person  or  persons  to  whom  the  property  was 
so  let  or  leased,  and  his  or  their  personal  representatives,  shall  be  How  liable 
liable  to  any  such  citizen  of  Virginia,  or  to  his  personal  representa- 
tive, for  double  the  value  of  the  property  for  the  time  which  it  was 
so  let  or  leased,  and  for  all  waste  or  damage  to  which  the  property  Waste  or  da- 
may  have  been  subjected  during  that  time;  to  be  recovered  in  the  Sow  recovered 
manner  mentioned  in  the  first  section  of  this  act :  and  the  court  in  jury,  how  im- 
which  any  case  arising  under  this  act  may  be  pending,  is  authorized  panue  e 
to  have  summoned  and  impanneled  a  jury  to  ascertain  any  question 
of  fact  material  to  the  correct  adjudication  of  the  case. 

4.  Be  it  further  enacted,  that  any  judge,  commissioner,  or  other  penalty  for 
officer  or  agent  of  the  government  of  the  United  States,  who  shall,  emanc'Patl0n 
by  any  judgment,  decree  or  decision,  emancipate  or  cause  to  be 
emancipated  the  slaves  of  any  citizen  of  Virginia,  the  judge,  com-  judge,  &c.  how 
missioner,  or  other  officer  or  agent  of  the  United  States  government, 

or  either  of  them,  and  their  securities,  or  either  of  them,  shall  be 
liable   to  any  citizen  of  Virginia,  or  his  personal  representative, 
whose  slaves  have  been  so  emancipated,  for  double  the  value  of  the  Amount  of 
slave  or  slaves ;  to  be  recovered  in  the  manner  mentioned  in  the  ia  1  lty 
first  section  of  this  act. 

5.  Be  it  further  enacted,  that  any  person  in  this  commonwealth,  Persons  holding- 
or  the  security  of  any  such  person,  who  shall  hereafter  hold  or  accept  °   ce'    c' 
any  office,  trust  or  appointment,  civil  or  military,  legislative,  execu- 
tive or  judicial,  under  or  by  authority  of  the  government  of  the 

United  States,  or  under  or  by  the  pretended  authority  of  the  usurped 


14  REDRESS   OF   CITIZENS. 

government,  pretended  to  have  been  established  since  the  seventeenth 
day  of  April  eighteen  hundred  and  sixty-one,  within  the  limits  of  this 
state,  separate  from  the  existing  and  true  government,  and  without 
the  authority  of  the  legislature ;  and  all  persons  in  this  common- 
wealth who  shall  voluntarily  aid  in  supporting  or  continuing  such 
%  usurped  government,  or  who  shall  aid  or  in  any  way  give  aid  and 
comfort  to  the  enemy,  or  who  shall  in  any  way  aid,  encourage  or 
assist  in  carrying  into  effect  any  of  the  confiscation  or  emancipation 
laws  of  the  government  of  the  United  States  within  this  state,  or 
who  shall  in  any  way  aid,  encourage  or  assist  in  carrying  into  effect 
any  proclamations  of  the  president  of  the  United  States  providing 

now  liable  for  such  confiscation  or  emancipation,  shall,  in  addition  to  all  penal- 
ties now  imposed  by  any  law  of  this  commonwealth,  be  liable  for 
double  the  value  of  any  property  that  may  be  seized  or  sold  under 
such  confiscation  and  emancipation  laws  or  proclamations,  to  any 
good  and  loyal  citizen  of  this  commonwealth,  who  may  be  injured 
thereby,  or  to  his  or  her  personal  representative,  with  interest  thereon, 
at  the  rate  of  six  per  centum  per  annum,  from'  the  time  of  such 
seizure  or  carrying  away  of  any  slave  ;  and  may  be  proceeded  against, 
severally  against  each,  or  jointly  against  any  number  so  liable,  in 

How  as  to  Buita  said  courts,  in  the  manner  herein  before  mentioned.  Any  person 
instituting  a  suit,  or  prosecuting  a  suit  already  commenced,  or  suing 
out  execution  on  any  judgment  or  decree  heretofore  rendered  in  any 
court  or  before  a  justice  of  the  peace  assuming  to  act  and  proceed 
under  authority  of  such  usurped  government,  or  in  violation  of  an 
ordinance  passed  by  the  convention  of  Virginia  on  the  thirtieth  day 
of  April  eighteen  hundred  and  sixty-one,  to  suspend  proceedings  in 
certain  cases,  or  in  violation  of  an  act  of  the  general  assembly  passed 
on  the  twenty-ninth  day  of  March  eighteen  hundred  and  sixty-two, 
entitled  an  act  to  suspend  sales  and  legal  proceedings  in  certain 
cases,  and  to  repeal  an  ordinance  to  provide  against  the  sacrifice  of 
property,  and  to  suspend  proceedings  in  certain  cases,  or  shall  seize 
or  sell  any  property,  real  or  personal,  under  pretence  of  any  autho- 

Liability  rity  whatever,  in  violation  of  said  ordinance  or  last  named  act,  shall 

pay  to  the  party  against  whom  such  suit  shall  be  commenced  or  pro- 
secuted, or  execution  issued,  or  whose  property  shall  be  seized  or  sold 
as  aforesaid,  double  the  value  of  the  thing  claimed  by  such  suit, 
judgment,  decree,  execution  or  other  process  by  which  property  may 

Satisfaction  of  be  seized  or  sold.  There  shall  not  be  more  than  one  satisfaction  of 
any  judgment  for  the  same  thing. 


judgment 


Record  evidence     6.   No  record  proof  shall  be  required  of  the  election  or  appoint- 
reqmre        ment  0f  ariy  0f  the  officers  mentioned  in  this  act;  but  acting  in  such 
offices  shall  be  deemed  sufficient. 

when  property       7.   Be  it  further  enacted,  that  any  officer  or  agent,  civil  or  military, 

cated   °  in  the  service  of  the  United  States  government,  who  shall  subject  or 

expose  to  sale  or  confiscation  the  property  of  any  citizen  of  Virginia, 


REDEESS    OF    CITIZENS. LICENSE.  15 

they  the  said  officer  or  agent,  and  the  purchaser  or  purchasers  of  By  whom 
said  property,  and  their  personal  representatives,  shall  be  jointly  and 
severally  liable  to  any  citizen  of  Virginia,  or  to  his  personal  repre- 
sentative, whose  property  has  been  so  sold  or  confiscated,  for  double  Liability 
the  value  of  such  property,  with  interest  thereon,  at  the  rate  of  six 
per  centum  per  annum,  from  the  time  of  the  seizure  or  sale  of  such 
property ;    and  judgment  may  be  obtained  therefor  in  the  manner  Judgment,  how 
mentioned  in  the  first  section  of  this  act ;  and  the  citizen  whose  pro- 
perty has  been  so  sold  or  confiscated,  or  his  personal  representative, 
in  addition  to  the  remedy  herein  given,  shall  be  entitled  to  take  pos-  Possession 
session  or  otherwise  recover  possession  of  the  property  so  sold  or 
confiscated. 

8.  A  lien  is  hereby  created  and  declared  to  exist  on  the  real  and  Lien  created 
personal  estate  of  the  persons  against  whom  such  liability  may  exist, 

from  the  passage  of  this  act. 

9.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  7.— An  ACT  amending  an  act  prescribing  the  Oath  to  be  taken  by 
any  person  who  applies  for  a  License. 

Passed  October  6,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  of  1854 
an  act  entitled  an  act  to  prevent  the  circulation  of  small  notes, 

passed  March  third,  eighteen  hundred  and  fifty-four,  as  amended  by 
chapter  seventy -two,  passed  March  thirty-first,  eighteen  hundred  and 
sixty-two,  be  amended  and  re-enacted,  so  that  as  amended  it  shall 
read  as  follows : 

"  §  1.    That  it  shall  be  the  duty  of  commissioners  of  the  revenue  Duty  of  com 
and  courts,  to  whom  application  may  be  made  for  a  license,  to  re-  revenue  and 
quire  from  each  and  every  person  who  may  apply  for  a  license,  an  courts 
oath  that  he  will  not  pay  out  within  the  limits  of  this  commonwealth, 
notes  of  any  denomination,  issued  by  banks,  corporations  or  indi- 
viduals, without  authority  of  law ;  and  it  shall  be  the  duty  of  every  License,  when 
commissioner  of  the  revenue  and  court,  to  whom  such  application  W1 
shall  be  made,  to  withhold  the  license  until  the  oath  aforesaid  shall 
be  taken.     But  this  section  shall  not  apply  to  any  person  who  has  To  whom  sec- 
commenced  or  who  has  continued  business  without  making  applica-  appiy°eS 
tion  for  and  obtaining  a  license,  and  who  is  or  may  be  subject  to  a 
tax  in  the  former  case  to  four  times,  and  in  the  latter  to  twice  the 
amount  of  tax  otherwise  imposed :    in  which  case,  the  assessment 
may  be  made  and  license  granted  without  the  oath  required." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


16  SHERIFFS. — TRIAL. 


Chap.  8. — An  ACT  extending  the  time  for  the  qualification  of  the  Sheriffs 
of  Orange  and.Culpeper  Counties. 

Passed  September  19,  1862. 

Preamble  Whereas,  by  reason  of  the  occupation  of  the  counties  of  Orange 

and  Culpeper  by  the  public  enemy,  the  sheriffs  elected  for  said  coun- 
ties, at  the  late  elections,  have  been  unable  to  qualify :  Therefore, 

Sheriffs  of  1.   Be  it  enacted  by  the  general  assembly,  that  the  sheriffs  elected 

perperSewhen  to    for  the  counties  of  Orange  and  Culpeper,  at  the  late  spring  elections, 
qualify  ^  a}}owe(3  uutQ  ^g  grs^  <jay  of  January  eighteen  hundred  and  sixty- 

three,  within  which  to  qualify  and  give  the  bonds  of  office. 

commencement      2.  This  act  shall  be  in  force  from  its  passage. 


Chap.  9. — An  ACT  to  provide  for  the  qualification  of  Sheriffs  and  other 
public  officers  prevented  from  qualifying  within  the  period  now  prescribed 
by  law,  by  reason  of  the  public  enemy. 

Passed  October  2,  1862. 

When  bhenff,  1.  Be  it  enacted  by  the  general  assembly,  that  whenever,  by  reason 
in  certain  cases"  of  the  occupation  or  the  threatened  invasion  by  the  public  enemy,  of 
any  county,  city  or  town  of  this  commonwealth,  the  sheriff,  commis- 
sioner of  the  revenue  or  other  public  officer  elected  for  such  county, 
city  or  town,  may  be  unable  to  qualify  and  give  the  bonds  of  office 
within  the  period  now  prescribed  by  law,  it  shall  be  lawful  for  such 
sheriff  or  other  public  officer  to  qualify  and  to  give  the  bonds  of  office 
at  any  time  within  the  period  of  ninety  days  after  such  occupation  or 
threatened  invasion  by  the  public  enemy  shall  have  ceased. 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  10. — An  ACT  to  amend  and  re-enact  section  1st  of  chapter  80  of  the 
Acts  of  1861-2,  passed  March  27th,  1862. 

Passed  October  4,  1862. 

Acts  of  1861-2  .  1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 
chapter  eighty  of  the  Acts  of  eighteen  hundred  and  sixty-one  and  two, 
entitled  an  act  to  provide  for  the  trial  of  persons  charged  with  offences 
committed  in  counties  in  possession  of  the  enemy,  or  threatened  with 
immediate  invasion,  passed  March  twenty-seventh,  eighteen  hundred 
and  sixty-two,  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

When  county  in     "  §  1.  Be  it  enacted  by  the  general  assembly,  that  whenever  any 


TRIAL. — DISTILLATION.  17 

| 

county  or  corporation  in  this  state  shall  be  in  the  possession  of  the  possession  of 
enemy,  or  shall  be  threatened  with  invasion,  so  as  to  make  it  probable  enemy 
that  the  jurisdiction  of  the  courts  thereof  cannot  be  safely  exercised 
therein,  it  shall  be  the  duty  of  the  judge  of  the  circuit  to  which  such  Powers  of 
county  belongs,  and  any  judge  of  the  state  or  any  justice  of  the  justices™ 
peace  shall  be  empowered  to  cause  all  persons  charged  with  felony 
in  such  county  or  corporation,  to  be  brought  before  him,  by  warrant 
directed  to  any  officer  in  the  commonwealth,  to  be  by  him  executed, 
and  to  commit  him  for  examination  before  an  examining  court  of  Commitment, 
some  county  or  corporation  not  in  the  possession  of  the  enemy  or 
threatened  with  invasion,  the  most  convenient  to  that  where  the 
offence  shall  have  been  committed." 

2.    This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  11. — An  ACT  legalizing  the  manufacture  of  Alcohol. 
Passed  October  1,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  Alcohol,  how 
for  any  person  to  engage  in  the  distillation  of  any  grain  for  the  pur- 
pose of  converting  the  product  of  such  distillation  into  alcohol,  sub- 
ject, however,  to  the  provisions  of  this  act. 

2.  That  before  any  such  person  shall  engage  in  such  distillation,  permission,  how 
he  shall  obtain  permission  therefor  from  the  governor  of  the  com-  °  tame 

mon wealth;  and  such  permission  shall  only  authorize  the  manufac- 
ture of  alcohol  for  medical,  hospital,  chemical  and  manufacturing 
purposes. 

3.  That  the  legal  standard  of  alcohol  shall  be  not  less  than  ninety  Legal  standard 
per  centum  of  pure  alcohol. 

4.  No  alcohol  so  manufactured  shall  be  sold  by  the  manufacturer  to  be  gauged 
until  the  same  shall  have  been  gauged  and  inspected  by  a  gauger  to  tospwtorfhow 
be  appointed  by  the  governor  for  each  county,  city  or  town  in  which  aPP°mte(:i 
such  permission  shall  be  granted. 

5.  For  every  cask  or  other  vessel  of  alcohol  inspected  under  this  Fee  of  gauger 
act,  the  gauger  shall  receive  of  the  manufacturer  the  sum  of  ten 

cents  ;  and  it  shall  not  be  lawful  for  the  manufacturer  to  dispose  of  Cask,  &c.  to  be 
any  cask  or  other  vessel,  unless  it  shall  have  the  mark  of  the  gauger,  gauger    y 
specifying  the  quantity  and  quality  of  the  alcohol  therein  contained : 
and  if  any  alcohol  shall  be  presented  by  the  manufacturer  of  a  less  when  gauger  to 
standard  than  herein  prescribed,  it  shall  be  the  duty  of  the  gauger  to 
condemn  the  same,  and  cause  it  to  be  thrown  away  in  his  presence. 
2 


is 


DISTILLATION.      II' 


Sales,  how  re- 
ported 

Penalties 


Fine  for  remo- 
val'of  ganger's 
mark 


6.  Every  sale  of  alcohol  made  by  the  manufacturer  shall  be  re- 
ported to  the  governor,  or  such  other  authorities  as  may  be  prescribed 
by  him ;  and  any  manufacturer  of  alcohol  who  shall  attempt  to  sell 
to  any  one,  except  for  the  purpose  herein  before  mentioned,  or  who 
shall  violate  any  of  the  provisions  of  this  act,  shall  be  subject  to  all 
the  penalties  prescribed  by  an  act  to  prevent  the  unnecessary  con- 
sumption of  grain  by  distillers  and  other  manufacturers  of  spirituous 
or  malt  liquors  :  and  any  person  who  shall  alter  or  remove  from  any 
cask  or  other  vessel  of  alcohol,  the  mark  placed  upon  it  by  the 
gauger,  shall  be  liable  to  pay  a  fine  of  not  less  than  one  hundred 
dollars ;  to  be  recovered  by  motion,  after  ten  days'  notice,  before  any 
court  of  the  commonwealth ;  one-half  to  the  informer,  and  the  other 
half  to  the  commonwealth. 


Sale  of  alcohol 
as  a  beverage 
prohibited 


7.  All  persons  who  shall  directly  or  indirectly  be  concerned  in 
vending,  or  using  or  promoting  the  use  of  any  alcohol  as  and  for  a 
drink,  shall  be  subject-  to  the  same  penalty  as  is  prescribed  in  the 
foregoing  section  (to  be  recovered  and  disposed  of  in  the  same  man- 
ner as  is  therein  prescribed) ;  and  each  offence  of  the  provisions  of 
this  section  shall  be  deemed  a  separate  offence,  and  subject  to  the 
same  penalties. 


Statement  to  be 
made  to  com- 
mistiortor  of 
revenue 


8.  Every  person  who  shall,  by  virtue  of  the  provisions  of  this  act, 
engage  in  the  manufacture  of  alcohol,  shall,  at  the  period  in  which 
he  shall  list  his  property  for  taxation,  furnish  to  the  commissioner  of 
the  revenue  of  the  said  county,  city  or  town  in  which  said  manufac- 
ture shall  be  carried  on,  a  statement,  to  be  verified  under  oath,  of 
the  number  of  gallons  he  shall  have  sold;  and  said  commissioner 
shall  thereupon  assess  him  with  a  tax  of  thirty  cents  for  ea*  gallon 
so  sold,  and  return  the  same  to  the  sheriff  oi*  collector  of  thwrevenue 
of  the  county,  city  or  town,  who  shall  proceed  to  collect  the  same, 
and  account  therefor  in  the  mode  prescribed  for  the  collection  and 
payment  of  the  revenue  of  the  state. 


License,  how 
revocable 


9.  Any  license  granted  under  this  act  shall  be  revocable  at  the 
discretion  of  the  governor;  and  it  shall  be  his  duty  to  revoke  such 
license  when  he  shall  have  reason  to  believe  it  is  abused  by  being 
perverted  from  the  uses  intended  by  this  act. 


Rightu  sus-  10.   That  upon  a  presentment  or  indictment  by  any  grand  jury 

dictment11 "        of  the  city  or  county,  in  which  such  alcohol  may  be  distilled,  for  a 

violation  of  this  act,  the  rights  granted  thereby  shall  be  suspended; 
what,  on  con-  and  if  the  party  be  convicted  on  such  presentment  or  indictment, 
Oath°,how  taken  shall  be  from  that  time  ipso  facto  revoked :  provided,  that  before  any 

person  is  licensed  under  this  act,  he  shall  take  an  oath,  the  form  of 
Whisky  not  to  which  shall  be  prescribed  by  the  governor,  to  the  effect  that  no  whisky 
be  dibti  e  distilled  shall  be  sold  or  given  away,  or  otherwise  used  than  to  be 

Bond,  how  given  converted  into  alcohol:    provided  further,  that  no  license  shall  be 


DISTILLATION.  1.9 

granted  under  this  act  until  the  applicant  shall  have  given  bond, 

with  good  security,  to  be  filed  with  the  auditor  of  public-accounts,  in 

a  penalty  of  two  thousand  dollars,  payable  to  the  commonwealth  of 

Virginia,  conditioned  that  all  the  whisky  made  by  him  under  his  Conditions 

license  shall  be  converted  into  alcohol,  and  that  the  applicant  shall 

pay  all  the  taxes  that  may  be  chargeable  on  such  distillery,  whether 

assessed  or  not :  provided,  that  no  person  shall  obtain  such  license,  Reeommenda- 

unless  he  shall  have  been  previously  recommended  by  the  court  of  county  court 

the  county  or  corporation  in  which  such  distillery  is  proposed  to  be 

erected,  as  a  suitable  and  proper  person  for  exercising  such  privilege 

in  such  county  or  corporation. 

11.    This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  12. — An  ACT  to  amend  and  re-enact  an  act  entitled  an  act  to  prevent 
the  unnecessary  consumption  of  Grain  by  Distillers  and  other  manufac- 
turers of  Spirituous  and  Malt  Liquors. 

Passed  October  2,  7862, 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  of  1861-2 
an  act  passed  on  the  twelfth  day  of  March  eighteen  hundred  and  amcn  e 
sixty-two,  entitled  an  act  to  prevent  the  unnecessary  consumption  of  % 
grain  by  distillers  and  other  manufacturers  of  spirituous  and  malt 

liquors,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  1.   It  shall  not  be  lawful  for  any  person  hereafter  to  make  or  Distillation  pro- 
cause  to  be  made  any  whisky,  or  other  spirituous  or  malt  liquors,    l  lte 
out  of  any  corn,  wheat,  rye  or  other  grain,  except  for  medicinal  or  Exceptions 
hospital  purposes,  in  execution  of  a  bona  fide  contract  heretofore 
made,  or  hereafter  to  be  made  with  the  chief  purveyor  of  the  medical 
department  of  the  Confederate  States  government,  or  with  the  me- 
dical director  of  the  Virginia  state  line  :   and  any  person  so  offending 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  for  every  offence  not  less  than  one  hundred  dollars  nor 
more  than  five  thousand  dollars,  and  be  subject  to  imprisonment  in 
the  county  jail  not  exceeding  twelve  months,  at  the  discretion  of  the 
court." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


20  DISTILLATION. — FENCE   LAW. 


Chap.  13. — An  ACT  to  amend  and  re-enact  section  thirty-third  of  chapter 
first  of  the  Acts  1861-2,  concerning  a  License  to  distill  Ardent  Spirits 
from  Fruit,  &c. 

Passed  October  2,  1862. 

Acts  of  1861-2  1.  Be  it  enacted  by  the  general  assembly,  that  section  thirty-third 
of  chapter  one  of  Acts  of  eighteen  hundred  and  sixty-one  and  two 
be  amended  aud  re-enacted  so  as  to  read  as  follows : 

License  to  distm  "§  33.  On  every  license  to  distill  ardent  spirits  from  fruit,  vege- 
tables, syrups,  molasses,  sugar  cane  or  sugars,  the  tax  shall  be  thirty 
dollars.  If  such  distillery  has  been  in  operation  for  the  preceding 
year  or  any  part  thereof,  there  shall  be  an  additional  tax  of  ten  cents 
per  gallon  on  the  quantity  of  liquor  manufactured  at  such  distillery 

Tax  for  the  year  next  preceding,  or  for  any  part  thereof:   provided,  that 

if  the  amount  distilled  in  any  one  year  shall  exceed  five  hundred  gal- 
lons, the  tax  shall  be  sixty  dollars  for  every  such  license ;  and  if  the 
amount  distilled  shall  exceed  one  thousand  gallons,  the  tax  shall  be 
seventy-five  dollars  for  every  such  license.  A  license  for  the  busi- 
ness authorized  by  this  section  shall  be  obtained  as  other  licenses  are 
obtained,  and  with  like  penalties  for  a  failure  to  obtain  the  same,  not- 
withstanding the  exemption  provided  for  in  the  act  passed  March 
thirtieth,  eighteen  hundred  and  sixty,  entitled  an  act  making  regula- 

Provi8o  tions  concerning  licenses  :  provided  no  license  or  tax  shall  be  required 

of  any  person  for  manufacturing  thirty-three  gallons  in  one  year  out 
of  the  fruit,  vegetables,  syrups,  molasses,  sugar  cane  or  sugars  of  his 
own  production,  for  his  own  use." 

(p.omTBencement      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  14. — An  ACT  to  repeal  the  Fence  Law  of  Virginia  as  to  certain 
Counties,  and  to  authorize  the  County  Courts  to  dispense  with  Enclosures 
in  other  Counties. 

Passed  October  3,  3862, 

Preamble  Whereas  a  considerable  portion  of  the  territory  of  the  common- 

wealth having  been  ravaged  by  the  public  enemy,  and  a  great  loss 
of  labor,  fencing  and  timber  thereby  sustained,  it  is  rendered  difficult 
if  not  impossible  for  the  people  of  many  counties  and  parts  of 
counties,  to  keep  up  enclosures  around  their  farms,  according  to  ex- 
isting laws : 

Code  repealed  1.  Be  it  therefore  enacted  by  the  general  assembly  of  Virginia, 
designated 1CS  *nat tne  nrst  section  of  the  ninety-ninth  chapter  of  the  Code  of  Vir- 
ginia, so  far  as  it  applies  to  the  counties  of  Hanover,  Henrico,  New 
Kent,  Charles  City,  James  City,  York,  Warwick,  Elizabeth  City, 
Alexandria,  Fairfax,  Fauquier,  Stafford  and  King  George,  be  and 
the  same  is  hereby  repealed. 


FENCE   LAW. JAILORS'    FEES.  21 

2.  Be  it  further  enacted,  that  the  county  courts  of  the  counties  of  Powers  of 
Augusta,  Frederick,  Clarke,  Warren,  Rappahannock,  Norfolk,  Prin-  jU  other  coun- 
cess  Anne,  Mercer,  Shenandoah,  Page,  Prince  William,  Spotsylvania,  tiea 
Hampshire,  Berkeley,  Caroline  and  Nansemond,  shall  have  power, 

all  the  justices  having  heen  summoned,  and  a  majority  thereof  being 
present,  to  dispense  with  the  existing  law  in  regard  to  enclosures, 
so  far  as  their  respective  counties  may  be  concerned,  or  such  parts 
thereof,  to  be  described  by  metes  and  bounds,  as  in  their  discretion 
they  may  deem  it  expedient  to  exempt  from  the  operation  of  such  law. 

3.  If  any  horses,  mules,  cattle,  hogs,  sheep  or  goats,  or  any  animal  Damages  for 
of  either  of  the  preceding  classes,  shall  enter  into  any  grounds  in  the  ^j.\1  &c.am 
counties  enumerated  in  the  first  section  of  this  act,  in  which  the  ex- 
isting law  of  enclosures  has  been  repealed,  or  into  the  grounds  of 

any  other  county  or  counties  or  parts  of  counties  in  which  the  courts 

thereof  shall  repeal  the  existing  law  of  enclosures,  after  such  repeal, 

the  owner  or  manager  of  any  such  animal  shall  be  liable  to  the  owner 

or  occupier  of  such  grounds  for  any  damages  arising  from  such  entry  ; 

for  every  succeeding  trespass  by  such  animal,  the  owner  thereof  when  owner 

shall  be  liable  for  double  damages ;  and  after  having  given  at  least  damages 

five  days'  notice  to  the  owner  or  manager  of  such  animal,  of  two 

previous  trespasses,  the  owner  or  occupier  of  such  grounds  shall  be 

entitled  to  such  animal,  if  it  be  found  again  trespassing  on  said 

grounds. 

4.  Provided,  however,  that  this  act  shall  apply  to  and  be  in  forqe  proviso 
in  the  counties  of  Elizabeth  City,  York  and  Warwick  only  for  the 
period  of  three  years,  dating  from  the  declaration  of  peace  between 

the  Confederate  States  and  the  United  States. 

5.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  15. — An  ACT  to  increase  Jailors'-  Fees  for  keeping  and  supporting 

Prisoners. 

Passed  September  24,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  jailors  shall  here-  jailors'  fee* 
after  be  allowed  sixty  cents  per  day  for  keeping  and  supporting  per- 
sons confined  in  the  jails  of  this  commonwealth  :    provided,  that  the  p0wer  of 
county  ox  corporation  courts  of  the  commonwealth  may  establish,  in  co,mt-v  courts 
their  discretion,  a  different  rate,  not  less  than  thirty -five  cents  nor 

more  than  eighty  cents  per  diem. 

2.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  commencement 
in  force  until  six  months  after  the  ratification  of  a  treaty  of  peace 

between  the  Confederate  States  and  the  United  States,  unless  sooner 
repealed  or  amended.     When  this  act  expires,  the  law  on  this  sub-  when  law  re- 
ject, in  force  immediately  before  the  passage  of  this  act,  shall  be  vlved 
deemed  to  be  revived  and  continued  in  force. 


22 


DELINQUENTS. ESSEX    COUNTY. 


( !ode  amended 


Chap.  16. — An  ACT  amending  the  seventeenth  section  of  chapter  thirty-six 
of  the  Code  of  Virginia,  concerning  the  manner  of  making  Returns  of 
Delinquents. 

Passed  September  26,  1862. 

1,  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 
seventeenth  section  of  chapter  thirty-six  of  the  Code  of  Virginia  be 
amended  and  re-enacted,  so  as  when  amended  it  shall  read  as  follows : 


List,  how  ar- 
ranged 


"  §  17.  In  the  lists  mentioned  in  the  preceding  section,  the  names 
of  the  persons  charged  with  the  taxes  shall  be  placed  alphabetically 
and  in  the  order  in  which  they  respectively  appear  on  the  commis- 
sioners' books.  The  lists  mentioned  secondly  shall  be  in  the  follow- 
ing- form : 


List  of  real  estate  in  the  county  of 


non-payment  of  taxes  thereon  for  the  year 


,  delinquent  for  the 


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And  the  sheriff  or  collector  returning  such  list  shall,  at  the  foot 
Oath  of  officer    thereof,  subscribe  the  following  oath:    'I,  A  B,  sheriff  (or  deputy 
sheriff)  of  the  county  of  ,  do  swear  that  the  foregoing  list 

is,  I  verily  believe,  correct  and  just;  and  that  I  have  received  no 
part  of  the  taxes  for  which  the  real  estate  therein  mentioned  is  re- 
turned delinquent ;  and  that  I  have  used  due  diligence  to  find  pro- 
perty within  my  county  liable  to  distress  for  the  said  taxes,  but  have 
found  none.' " 


floMKoeneeinent 


This  act  shall  be  in  force  from  its  passage. 


Preamble 


Chap.  17. — An  ACT  to  legalize  the  Records  and  Proceedings  of  the  County 
Court  of  Essex  County,  at  the  June,  July  and  August  Terms  of  said 
Court  held  at  Miller's  Tavern  in  said  County. 

Passed  October  2,  1S62. 

Whereas  it  has  been  represented  to  the  general  assembly  of  Vir- 
ginia, that  in  consequence  of  the  suspension  of  the  mail  between  the 
seat  of  government  of  said  state  and  the  county  of  Essex,  by  reason 


ESSEX    COUNTY. PRIVILEGES.  23 

of  the  federal  army  being  around  the  city  of  Richmond,  till  after  the 
fourth  day  of  July  eighteen  hundred  and  sixty-two  :  And  whereas 
ehe  federal  gun  boats  were  constantly  plying  between  the  mouth  of 
the  Rappahannock  river  and  Fredericksburg,  from  the  early  part  of 
the  month  of  April  eighteen  hundred  and  sixty-two  to  the  fifth  day 
of  September  eighteen  hundred  and  sixty-two,  and  the  said  gun  boats 
still  have  the  command  of  the  said  river:  And  whereas  the  court- 
house of  the  said  douiity  is  situated  on  the  margin  of  said  river : 
And  whereas  the  interruption  of  the  mail  between  the  seat  of  go- 
vernment and  the  county  seat  of  said  county,  during  the  period  first 
aforesaid,  prevented  any  application  to  the  governor  of  Virginia  to 
designate,  by  proclamation,  some  other  place  in  the  said  county  to 
hold  the  sessions  of  the  county  court  of  said  ounty  during  the  con- 
tinuance of  the  causes  aforesaid,  as  by  law  the  governor  is  autho- 
rized to  do;  and  it  was  further  considered  impo  tic  to  publish  any 
notice  of  the  place  where  the  sessions  of  the  said  court  might  be 
held,  lest  the  enemy  might  get  information  of  the  same,  and  inter- 
rupt the  proceedings  of  the  said  court : 

1.  Be  it  the'fefore  enacted  by  the  general  assembly,  that  all  acts  Acta  of  county 
and  things  done  by  the  said  county  court  of  Essex  county,  at  the  C'J 

place  in  said  county  known  by  the  name  of  Miller's  tavern,  at  the 
June,  July  and  August  terms  of  said  court,  which  appear  from  the 
order  book  of  said  court  to  have  been  done  at  the  courthouse  of  said 
eounty,  though  done  at  Miller's  tavern  aforesaid,  which  might  have 
been  legally  done  at  the  courthouse  of  said  county,  are  hereby  de- 
clared and  made  legal  and  valid,  as  if  the  same  had  been  done  at 
fthe  courthouse  of  said  county. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Ckap.  18.— An  ACT  for  the  relief  of  Judge  George  W.  Thompson. 
Passed  October  4,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  ordinance  of  Ordinance  re- 
the  late  convention  suspending  the  payment  of  the  salary  of  George  stfary,  how 
W.  Thompson,  one  of  the  circuit  judges  of  this  commonwealth,  ispaid 
hereby  repealed;  and  the  auditor  of  public  accounts  is  directed  to 

cssue  his  warrant  or  warrants  for  the  salary  due  to  said  judge,  in  the 
same  manner  as  if  said  ordinance  had  not  been  passed. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


24 


PRIVILEGES. TOWNS. 


Act  of  J8 
repealed 


Chap.  19. — An  ACT  repealing  an  act  for  the  relief  of  Eplirairn  Bee. 
Passed  September  26, 1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  entitled  an 
act  authorizing  Jonathan  M.  Bennett  to  convey  by  deed  to  Ephraim 
Bee  of  the  county  of  Doldridge,  certain  forfeited  and  delinquent 
lands  sold  in  the  county  of  Jackson,  but  now  in  the  county  of  Boane, 
upon  the  payment  of  a  balance  of  purchase  money,  passed  February 
eighteenth,  eighteen  hundred  and  fifty-eight,  be  and  the  same  is 
hereby  repealed. 


Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Governor  autho 
•  rized  to  settle 
account 


Chap.  20. — An  ACT  to  authorize  the  Governor   to  settle  the  Account  of 
Sampson  Jones,  Agent  of  Mrs.  Jane  A.  Griffin. 

Passed  September  29,  1862. 

J .  Be  it  enacted  by  the  general  assembly,  that  the  governor  of 
this  commonwealth  be  and  he  is  hereby  authorized  to  settle  the  ac- 
count of  Sampson  Jones,  agent  for  Mrs.  Jane  A.  Griffin,  for  supply- 
ing the  public  guard  with  rations  from  the  first  day  of  April  eighteen 
hundred  and  sixty-one  to  the  first  day  of  October  eighteen  hundred 
and  sixty-two,  under  a  contract  for  that  purpose  with  Captain  Dim- 
mock,  commandant  of  the  public  guard ;  and  that  he  ascertain  the 
actual  loss  sustained  under  said  contract,  by  reason  of  the  great  ad- 
vance in  the  price  of  provisions  during  the  same  period ;  and  that  he 
authorize  the  said  Jones,  agent  as  aforesaid,  to  be  paid  his  actual  loss 
under  said  contract. 


Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Act  of  1854 
amended 


Chap.  21.— An  ACT  to  amend  the  Charter  of  the  Town  of  Danville. 
Passed  October  6,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  third  section  of 
the  act  passed  March  seventh,  eighteen  hundred  and  sixty-two,  entitled 
an  act  to  amend  an  act  entitled  an  act  amending  the  charter  of  the 
town  of  Danville,  passed  March  fourth,  eighteen  hundred  and  fifty- 
four,  and  incorporating  into  one  the  subsequent  acts  amendatory 
thereof,  be  amended  and  re-enacted  so  as  to  read  as  follows  : 


Jurisdiction  of 
hustings  court 


"  §  3.   The  jurisdiction  of  said  court,  except  as  to  matters  of  po- 
lice, which  shall  belong  to  the  council,  shall  correspond  with  that  of 


TOWNS.  25 

the  county  courts  as  established  by  law ;  and  the  said  court  shall  con- 
tinue to  have  jurisdiction,  and  the  said  mayor  and  aldermen  shall 
continue  each  to  have  the  powers  of  a  justice  of  the  peace,  not  only 
within  the  said  corporate  limits,  but  also  for  the  space  of  one  mile 
without  and  around  the  limits  of  said  town,  in  all  matters  arising 
within  the  said  town  or  in  the  said  space  of  one  mile,  according  to 
the  laws  of  the  commonwealth  and  the  ordinances  of  the  town,  and 
shall  execute  the  same  in  like  manner  and  under  like  responsibilities, 
and  receive  the  like  compensation  for  services  rendered  by  them  as 
the  justices  of  the  county  courts  within  this  commonwealth  receive: 
provided,  however,  that  not  more  than  three  aldermen  shall  receive  - 
compensation  for  any  one  day  of  such  service  in  court,  unless  such 
court  be  one  in  which  a  greater  number  than  three  aldermen  are 
required  by  law.  The  said  aldermen  shall  classify  themselves  for  Aldermen.,  how 
service  in  court,  in  like  manner  as  justices  of  the  peace  in  counties 
are  classified  by  law ;  and  any  presentment  in  said  court  by  a  grand 
jury  for  an  offence  against  the  said  laws,  committed  within  the  juris- 
diction of  said  court,,  may  be  presented  in  said  court  in  like  manner, 
and  like  proceedings  be  had  thereon  as  in  the  county  court  of  Pitt- 
sylvania ;  and  the  said  court  of  hustings  shall  bear  the  same  relation  Powers  of  hug- 
to  the  circuit  court  for  the  town  of  Danville,  as  the  county  court  of  1D8S  com 
said  county  bears  to  the  circuit  court  thereof;  and  appeals  may  be 
taken,  and  writs  of  error,  supersedeas,  certiorari  and  any  other  judi- 
cial writs  may  be  sued  out  and  prosecuted  in  like  manner  as  is  done 
in  the  county  courts  of  the  commonwealth." 

2.   This  ac£ahall  be  in  force  from  its  passage.  Commeucexaens 


No.  1. — Joint  Resolutions  guaranteeing  to  the  people  of  the  Northwestern 
section  of  the  State  the  construction  of  a  Rail  Road  connecting  that  por- 
tion of  the  State  with  the  Seaboard,  at  the  earliest  day  practicable. 

Adopted  October  4,  1862. 

Whereas,  by  the  secession  of  Virginia  from  the  late  Union,  and  Preamble 
her  accession  to  the  Confederacy,  the  northwestern  section  of  the 
state  has  become  a  border  on  a  foreign  and  hostile  nation,  and  has 
no  direct  intercourse  in  trade  and  travel  with  other  and  more  favored 
portions  of  the  state,  and  the  prosperity  of  that  as  well  as  other  sec- 
tions of  the  state  will  be  greatly  promoted  by  a  closer  union  and 
more  frequent  intercommunication :  And  whereas,  on  the  seventeenth 
day  of  January  eighteen  hundred  and  sixty-two  the  general  assembly 
of  Virginia  did  resolve  to  "maintain  the  jurisdiction  and  sovereignty 
of  the  state  of  Virginia,  to  the  uttermost  limits  of  her  ancient  boun- 
daries, at  any  and  every  cost;"  and  the  congress  of  the  Confederate 
States,  on  the  twenty-second  day  of  January  eighteen  hundred  and 
sixty-two,  by  resolution,  aid  "pledge  all  the  resources  of  the  Con" 
federacy  to  uphold  her  determination"  aforesaid  :    Therefore, 


1.  Resolved  by  the  general  assembly  of  Virginia,  that  increased  Rail  road  con 
facilities  of  trade  and  travel  between  the  northwestern  section  of  the  q,,ircd 
state  and  the  capital  and  seaboard,  are  demanded  alike  by  the  wel- 
fare of  that  section  and  the  permanent  interests  of  the  whole  state, 

in  peace  and  in  war,  and  that  justice  and  sound  policy  require  that 
such  facilities  be  established  without  unnecessary  delay. 

2.  Resolved,  that  the  general  assembly  declare,  as  an  assurance  Assuranco  of 
to  the  citizens  of  the  said  northwestern  section,  that  the  available  sembfy 
resources  of  the  commonwealth  shall  be  liberally  devoted  to  the  con- 
struction of  a  rail  road  which  shall  connect  that  section  with  the  in- 
terior and  seaboard  of  the  state,  whereby  the  enterprise,  energy  and 
resources  of  that  section  may  be  encouraged  and  developed,  at  the 

earliest  practicable  date. 

3.  Resolved,  that  in  the  opinion  of  this  general  assembly,  imme-  SurveyB  ons^t 
diately  on  the  conclusion  of  the  existing  war,  the  state  should  cause 
experimental  surveys  to  be  made,  to  ascertain  the  best,  cheapest, 

shortest  and  most  practicable  route  for  a  rail  road  connection  between 
that  part  of  the  state  and  the  capital. 


28 


RESOLUTIONS. 


No.  2—  Joint  Kesolution  authorizing  the  Branch  of  the  Exchange  Bank  of 
Virginia  at  Richmond  to  declare  a  dividend  for  the  six  months  ending 
30th  June  1862. 

Adopted  October  4,  1862. 

Preamble  Whereas  it  is  represented  that  the  Exchange  Bank  of  Virginia  at 

Norfolk  is  within  the  lines  of  the  public  enemy,  and  that  no  dividend 
of  profits  for  the  six  months  ending  on  the  thirtieth  day  of  June 
eighteen  hundred  and  sixty-two  can  be  declared  in  the  mode  pre- 
scribed by  law :   Therefore, 


Dividend,  how 
to  be  declared 


Resolved  by  the  general  assembly,  that  for  the  six  months  ending 
on  the  thirtieth  day  of  June  eighteen  hundred  and  sixty-two,  the 
branch  of  the  Exchange  Bank  of  Virginia  at  Richmond  may  declare 
a  dividend  of  profits,  not  exceeding  three  per  centum  on  the  capital 
stock  of  said  bank,  and  when  so  declared,  shall  pay  the  state's  divi- 
dend, the  tax  thereon,  and  the  bonus  on  the  capital  of  said  bank  into 
the  treasury. 


Duty  of  board 
of  public  works 


No.  3. — Resolution  instructing  the  Board  of  Public  Works  to  adopt  mea- 
sures to  meet  the  demand  for  Wood  in  the  cities  of  Richmond  and 
Petersburg.  .  ' 

Adopted  October  6,  1862. 

Resolved  by  the  general  assembly,  that  the  board  of  public  works 
be  instructed  to  adopt  such  measures  as  they  may  deem  most  expe- 
dient, to  require  the  different  rail  road  companies  whose  roads  termi- 
nate in  the  cities  of  Richmond  and  Petersburg,  to  furnish  a  sufficient 
number  of  wood  cars  for  the  transportation  of  wood  into  the  said 
cities,  to  supply  the  demand  for  the  same,  and  that  they  cause  the 
same  to  be  transported  to  the  said  cities  at  a  reasonable  rate  of  tolls. 
To  accomplish  which,  the  said  board  are  required  to  use  all  the  power 
conferred  on  them  by  law  for  the  supervision  and  control  of  said 
companies :  provided,  that  if  the  said  companies  be  opposed  to  the 
transportation  of  wood,  the  burden  thereof  be  apportioned  equitably 
among  them,  and  in  such  a  manner  as  not  to  interfere  with  their 
transportation  for  the  confederate  government. 


No.  4. — Joint  Resolution  authorizing  Justices  of  the  Peace  to  issue  Marriage 
Licenses  in  certain  cases. 

Adopted  October  6,  1862. 

When  ii<fense         Resolved  by  the  general  assembly  of  Virginia,  that  it  shall  be 

yjus  ce  iawfui  £or  any  justice  of  the  peace  in  either  of  the  several  counties 

of  this  commonwealth,  where  the  office  of  clerk  of  the  county  court 


RESOLUTIONS.  29 

shall  be  vacant,  or  where,  by  reason  of  the  presence  of  the  public 
enemy,  or  by  their  expected  presence,  the  said  clerks  shall  be  absent 
from  their  respective  counties,  to  issue  licenses  for  the  solemnization 
of  marriages,  upon  the  parties  applying  therefor  complying  with  the 
provisions  of  the  statute  authorizing  the  issue  of  said  licenses.  The  Duty  of  justice 
said  justices  shall  return  to  the  said  clerks,  whenever  they  shall  re- 
sume the  duties  of  their  office,  copies  of  said  licenses  so  issued, 
together  with  the  bonds  taken,  to  be  recorded,  and  have  the  same 
force  and  validity  as  if  issued  by  the  clerks  of  the  respective 
counties. 


No.  5. — Resolution  authorizing  the  Governor  to  fill  Vacancies  in  the  office 
of  Assessor,  under  the  act  to  provide  for  the  production,  sale  and  distribu- 
tion of  Salt,  &c. 

Adopted  October  4,  1862. 

Resolved  by  the  general  assembly,  that  any  vacancy  that  may  p0wer  of  go 
occur  in  the  office  of  assessor,  under  the  act  passed  October  third, 
eighteen  hundred  and  sixty-two,  entitled  an  act  to  provide  for  the 
production,  distribution  and  sale  of  salt  in  this  commonwealth,  either 
by  death,  resignation,  removal  or  otherwise,  may  be  filled  by  appoint- 
ment of  the  governor  of  this  commonwealth. 


vernor 


No.  6. — Resolution  in  relation  to  the  Adjournment  of  the  General  Assembly. 
Adopted  September  30,  1862. 

Resolved,  that  the  general  assembly,  Avhen  it  adjourns  on  Monday 
next,  will  adjourn  to  meet  on  the  first  Wednesday  in  January  eigh- 
teen hundred  and  sixty-three,  unless  sooner  convened  by  the  gover- 
nor, in  pursuance  of  the  power  vested  in  him  by  the  constitution. 


INDEX. 


ADJOURNMENT. 
Resolution  as  to  adjournment  of  gene- 
ral assembly,  29 

AGENTS. 
For  sale  of  salt,  may  be  appointed,  4 

Their  bonds,  4-5 

Of  quartermaster  or  commissary,  not 
exempt  from  military  service,  9 


ALCOHOL. 

Its  manufacture  legalized, 

Permission,  how  obtained, 

To  what  purposes  limited, 

Legal  standard, 

To  be  gauged  aud  inspected, 

Gauger,  how  appointed;  his  fee, 

Cask  not  to  be  sold  without  gauger's 

mark, 

Alcohol  below  standard  to  be  condemned,  17 
Manufacturer  to  report  sales  to  governor,  18 
Penalties  on  manufacturer  for  violating 

provisions  of  act, 
Fine  for  removal  of  ganger's  mark, 
For  selling  alcohol  as  a  beverage, 
Manufacturer  to  furnish  list  of  sales  to 

commissioner  of  revenue, 
What  tax  then  to  be  assessed, 
License  to  manufacture,  how  revocable, 
Rights  under  license  suspended  upon 

presentment,  for  violation  of  act, 
Upon  conviction,  license  revoked, 
Oath  to  be  taken  against  selling  the 

whiskey  before  conversion  into  alcohol,  18 
Applicant  for  license  to  give  bond,  18 

Condition  of  bond,  19 

Applicant  must  be  recommended  by 

court,  19 


ANIMALS. 
Entering  grounds  where  fence  law  is 
repealed,  owner  liable, 

APPROPRIATION. 

To  carry  into  effect  salt  act, 

How  payments  from  it  to  be  made, 

ARDENT  SPIRITS. 

See  Alcohol. 

See  Spirituous  and  malt  liquors. 

ASSESSMENT. 
See  Board  of  assessors. 

BANK  DIVIDEND. 

Richmond  branch  of  Exchange  Bank 
may  declare  dividend, 


21 


28 


BANK  NOTES. 
What  oath  required  of  applicant  for 

license,  as  to  circulation  of, 
Exception, 

BEE,  EPHRAIM. 

Act  authorizing  conveyance  of  forfeited 
lands  to  him  repealed, 

BOARD  OF  ASSESSORS. 

For  property  taken  under  salt  act,  how 
composed, 

To  assess  compensation  or  damages, 

How  assessment  certified  and  paid, 

When  it  is  final, 

Appeal  from  assessment,  and  proceed- 
ings thereon, 

How  board  convened  and  paid, 

Vacancy  in  office  of  assessor,  how  filled, 

BOARD  OF  PUBLIC  WORKS. 
Duty  of,  as  to  wood  cars  for  supplying 
Richmond  and  Petersburg, 

BONDS. 

To  be  given  by  agents  appointed  to 
sell  salt, 

Penalty  and  condition  of  such  bonds, 

To  be  given  before  license  to  manufac- 
ture alcohol, 

Condition  of  bond, 

CANALS. 
See  Rail  roads  and  canals. 

CHANGES  IN  CODE. 
Section  2,  chapter  22,  amended, 
Exemptions  from  military  service, 
Section  1,  chapter  99,  repealed,  as  to 

certain  counties, 
Fence  law  repealed  as  to  those  counties, 
County  courts  may  dispense  with  it  in 

others, 
Repeal  as  to  some  counties  limited  in 

duration, 
Section  17,  chapter  36,  amended, 
Mode  of  making  returns  of  delinquents 

changed, 

CITIES. 

See  Counties  and  towns. 

CITIZENS  -OF  VIRGINIA. 

See  Redress  of  loyal  citizens. 
See  Usurped  government. 


15 

15 


24 


29 


28 


18 
19 


20 
20 


21 


21 

22 


22 


32 


INDEX. 


CITY  OFFICERS. 

"What  officers  may  be  exempted  from 

military  service,  and  how,  9-10 

When  such  exempts  remanded  to  serr 

vice,  10 

And  failing  to  obey,  accounted  deserters,    10 

CLEEKS. 

Copies  of  requisition  for  slaves  to  be 

filed  Avith  clerks  of  counties,  &c.  6 

Clerks  to  summon  the  justices,  6 

To  attend  sessions  of"  the  courts  held 

under  such  requisition,  7 

Clerk  of  court  to  be  clerk  of  board  of 

exemption,  10 

Claims  for  exemption  to  be  filed  with 

him,  11 

Clerk  to  report  exempts   to  adjutant 

general,  1 1 

Penalty  for  failure  to  discharge  duty 

as  clerk  of  board,  11 

How,  as  to  marriage  licenses,  when 

office  of  clerk  of  county  vacant,  28 

Or  when,  by  reason  of  invasion,  clerk 

absent,  29 

What  to  be  done  ou  clerk's  return,  29 

CODE. 

See  Changes  in  Code. 

COMMISSIONEES  OF  REVEXUE. 

To  assist  courts  when  requisition  made 

for  slaves,  7 

To  aid  governor  when  courts  fail  to 

act,  7 

What  oath  commissioner  must  require 

before  issuing  a  license,  15 

"With  what  exception,  15 

To  assess  taxes  on  manufacturers  of 

alcohol,  18 

CONFEDERATE  STATES. 

Contracts  with,  for  salt,  to  be  respected,  3 
Slaves  to  be  called  into  service  of,  6 

When  value  of  such  slaves  to  be  paid  by,  6 
And  compensation  for  injury  to  slaves,  6 
Burden  of  proof  to  be  on  confederate 

authorities  as  to  proper  care,  6 

President's  request  for«laves  is  an  ac- 
ceptance of  the  act  by  Confederate 
States,  8 

Contracts  to  make  whiskey,  &c.  may 
be  made  with  C.  S.  medical  pur- 
veyor, 19 

CONTRACTS. 

What,  to  be  respected  in  carrying  out 

act  for  procuring  supply  of  salt,  3-4 

In  what  case  contracts  with  other  states 
may  be  disregarded,  4 

COUNTIES  AND  TOWNS. 

What  city  officers  may  be  exempted 

from  military  service,  9-10 

Orange  and  Culpeper  occupied   by 

public  enemy,  16 

Sheriffs  elect  allowed  further  time  to 

qualify,  16 

Similar  provision  as  to  officers  of  other 

counties,  &c.  16 


Fence  law  repealed  as  to  certain  coun- 
ties, 20 

And  may  be  dispensed  with  bjr  county 

courts  in  others,  21 

Limitation  of  time  as  to  some  of  the 

counties,  21 

Certain  records,  &c.  of  Essex  county 

court  legalized,  22 

Acts  of  the  court  declared  legal,  23 

Charter  of  Danville  amended,  24 

As  to  jurisdiction  and  powers  of  hus- 
tings court,  25 

Supply  of  wood  for  Eichmond  and 
Petersburg,  28 

Rail  road  companies  to  furnish  wood 

cars,  28 

If  companies  object,  burden  to  be  ap- 
portioned, 28 

When  office  of  county  clerk  vacant, 

how,  as  to  marriage  licenses,  28 

Or  when  clerk  absent  by  reason  of  in- 
vasion, 29 

What,  when  clerk  returns,  29 

For  requisition  on  counties,  &c.  for 
slaves,  see  Slaves. 

COURTS. 

Contracts  with  county  courts  for  salt, 

.    to  be  respected,  3 

Appeals  from  assessments  uftder  salt 
act  to  circuit  court  of  Richmond 
city,  5 

County  and  corporation  courts  to  carry 

into  effect  requisition  for  slaves,  6 

Specific  duties  of  the  courts  under  re- 
quisition, 6-7 

Failing  the  courts,  governor  may  im- 
press slaves,  7 

Before  granting  license  what  oath  courts 
to  require,  15 

With  what  exception,  15 

Courts  of  certain  counties  may  dispense 
with  fence  law,  21 

Essex  county  court,  certain  records, 

&c.  legalized,  22 

Acts  of  the  court  declared  valid,  23 

CULPEPER  AND  ORANGE. 

Occupied  by  public  enemy,  16 

Sheriffs  elect  allowed  time  to  qualify,  16 

DAMAGES. 

For  use,  &c.  of  property  taken  under 

salt  act,  see  Assessment. 
For  cattle  entering  grounds  where  fence 

law  is  repealed,  see  Fence  law. 

DANVILLE. 

Act  to  amend  charter,  24 

Jurisdiction  of  hustings  court,  24 

Compensation  of  aldermen,  25 

Classification  of  aldermen,  25 

Powers  of  hustings  court,  25 

DEFENCE. 

See  Public  defence. 

DELINQUENTS. 

Mode  of  making  returns  of,  changed,  22 

List,  how  arranged,  22 


INDEX. 


33 


Oath  of  returning  officer,  22 

DESERTERS. 

In  what  case  exempted  city  officers,  &c. 
to  be  treated  as  deserters,  10 

DISLOYALTY. 

See  Treason  or  disloyalty. 

DISTILLATION. 

See  Alcohol. 

See  Spirituous  and  malt  liquors. 

ENGINES. 

Necessary  for  production  of  salt,  may 

be  seized,  3 

ESSEX. 

Certain  records,  &c.  of  county  court 

legalized,  22 

ESTATES. 

Persons  connected  with  usurped  go- 
vernment incapable  of  conveying 
real  estate,  1 J 

Their  estates  devoted  to  redress  loyal 

citizens,  12 

What  liens  on  such  estates  not  im- 
paired, 12 

Lien  on  estate  of  person  acting  under  U. 
S.  confiscation  and  emancipation  acts,      15 

EXCHANGE  BANK  OF  VIRGINIA. 
Branch  at  Richmond  to  declare  dividend,     28 

EXEMPTIONS  FROM  MILITARY 
DUTY. 

Act  changing  provisions  of  Cede, 

amended;  general  exemptions,  9 

Agent  of   quartermaster   or   commis- 
sary not  exempt :  nor  militia  officers,  9 
What  additional  officers  of  a  city  may 

be  exempted,  and  how,  9-10  ! 

Officers,  &c.  of  what  companies  may 

be  exempted,  ]()  [ 

When  exempts  remanded  to  service,  ]  (J 

Failing  to  return  to  service,  deserters,         10  j 
How  places  of  exempts  to  be  filled,  JO 

Persons  leaving  the  service  for  which 

exempted,  to  be  reported,  10 

Boards  of  exemption,  how  constituted,       10 
Who  to  act  as  clerk  of  board,  10 

Powers  of  board,  10 

Discharges  for  physical  infirmity,  II 

Claims  for  exemption,  how  tried,  ]  I 

Names  of  exempts,  to  whom  reported,         11 
Penalties  for  failure  of  duty  in  board 

and  clerk,  U 


Damages  for  entry  of  animals,  &c.  21 

Repeal  limited  in  duration  as  to  some 

of  the  counties,  21 

FINES. 

What  fine  for  selling   salt  at  higher 

than  regulation  price,  4 

Or  for  other  violations  of  rules  for  sale,         4 

On  board  of  exemptions  and  clerk  for 

failures  in  duty,  11 

For  removal  of  gauger's  mark  on  cask 
of  alcohol,  18 

For  selling  alcohol  as  a  beverage,  18 

FIRE  DEPARTMENT. 
Officers  of,  how  exempted  from  military 
service;  when  remanded  to  service,  10 

FORTIFICATIONS. 
Act  for  calling  out  slaves  to  work  on,  6 

For  particulars  of  this  act,  see  Slaves. 

GAS  WORKS. 

Officers  of,  how  exempted  from  military 

service,  10 

When  remanded  to  service,  10 

GAUGERS. 

Of  alcohol  to  be  appointed;  their  fees,  17 
Cask  not  to  be  sold  without  gauger's 

mark,  17 

To  condemn  alcohol  below  standard,  17 

Fine  for  removal  of  gauger's  mark,  IB 

GENERAL  ASSEMBLY. 
Communications  to,  as  to  militia  officers 

removed  for  treason  or  disloyalty,  8 

Resolution  as  to  adjournment,  29 

GOVERNOR. 
Powers  for  procuring  supply  of  salt,         3-5 
Under  president's  call  for  slaves,  6-7 

For  removal  of  militia  officers  for  trea- 
son, &e.  8 
As  to  exemptions  from  military  service,      10 
To  appoint  gaugers  for  inspection  of 

alcohol,  17 

And  assessor  under  salt  act  when  a 

vacancy,  29 

GRIFFIN,  MRS.  JANE  A. 
Her  agent's  account  for  rations  of  public 

guard  to  be  settled,  24 

Actual  loss  under  contract  to  be  paid,         24 


HUSTINGS  COURT. 


FAITH  OF  COMMONWEALTH. 
May  be  pledged  by  governor  to  contracts 
necessary  for  procuring  salt,  3 

FEES. 
Fee  of  ganger  for  inspecting  alcohol,  17 

Jailors'  tees  for  keeping  prisoners,  in- 
creased, 21 
County  courts  may  establish  different  rate,  21 
When  act  to  expire ;  former  law  revived,     2] 

FENCE  LAW. 
Loss  of  fencing,  &c  in  invaded  counties,    20 
Repealed  as  to  certain  counties,  20 

And  may  be  dispensed  with  by  county 
courts  in  others,  21 

3 


See  Courts. 

INVASION. 

Of  Orange  and  Culpeper, 

Sheriffs  allowed  further  time  to  qualify, 

Similar  provision  as  to  officers  of  other 
counties  and  towns, 

Persons  charged  with  felony  in  such  coun- 
ties, &c.  to  be  removed  for  trial,  16 

Fencing,  &c.  destroyed  in  parts  of  the 
state, 

Fence  law  repealed  in  certain  counties, 

Repealable  in  others, 

Repeal  limited  in  duration  as  to  some 
counties, 

Exchange  Bank  at  Norfolk  within 
enemy's  line, 


16 


-17 

20 

20 
21 

21 

28 


34 


INDEX. 


Richmond  branch  may  declare  dividend, 
Provision  for  marriage  licenses  when  by 
reason  of  invasion  clerk  of  county  ab- 
sent, 
What  to  be  done  when  clerk  returns, 


See  Fees. 


JAILORS'  FEES. 


JONES,  SAMPSON. 
His  account  as  agent  of  Mrs.  Griffin 

to  be  settled, 
Loss  under  contract  to  be  paid  him, 

JUSTICES  OF  THE  PEACE. 

In  counties  where  office  of  clerk  vacant, 
may  issue  marriage  licenses, 

Or  when  clerk  absent   by  reason  of 
invasion, 

What,  when  clerk  returns, 

KANAWHA  SALT  WORKS. 
Not  to  be  purchased  by  governor, 

LICENSES. 
Before  any  license  granted,  what  oath 

as  to  circulating  notes, 
To  what  persons  this  does  not  apply, 
License  to  make  alcohol  to  be  obtained 

of  governor, 
And  is  revocable  at  his  discretion, 
What  oath  applicant  must  take, 
Applicant  must  also  give  bond, 
Must  be  recommended  by  court, 
License  to  distill  ardent  spirits  from  fruit, 

&c. ;  act  amended, 
Tar  on  such  license, 
Penalty  for  failure  to  get  license, 
Proviso  as  to  quantity  to  be  distilled 

without  license, 
Marriage  licenses,  by  whom  issued  when 

office  of  county  clerk  vacant, 
Or  when  clerk  absent  by  reason  of  in- 
vasion; what,  when  clerk  returns, 


LIENS. 


See  Estates. 


LOYAL  CITIZENS. 

See  Redress  of  loyal  citizens. 
See  Usurped  government. 

MACHINERY. 
Necessary  for  production  of  salt,  may 
be  seized, 

MARRIAGE  LICENSES. 

.By  whom  issued  when  office  of  county 

clerk  vacant, 
Or  when  by  reason  of  invasion  clerk 

absent, 
What  to  be  done  when  clerk  returns, 

MEDICAL  DIRECTOR, 

Of  Virginia  state  line  may  contract  for 
whiskey,  <5tc. 

MEDICAL  PURVEYOR. 

Of  Confederate  States   may  contract 
/or  whiskey,  &c. 


28 


19 


W 


MILITIA. 

Officers  may  be  removed  by  governor 

for  treason  or  disloyalty,  8 

Senate  may  reverse  governor's  action,  8 

Governor  not  to  remove  when  arrests 

can  be  made  and  charges  preferred,  8 

To  assign  his  reasons  for  removals,  8 

Militia  officers  not  exempt  from  draft,  9 

When  drafted,  their  commissions  va- 
cated, 9 

NORTHWESTERN  VIRGINIA. 

Rail  road  connection  between  that  sec- 
tion and  the  seaboard  guaranteed,  27 

ORANGE  AND  CULPEPER. 
Occupied  by  public  enemy,  1(> 

Sheriffs  elect  allowed  time  to  qualify,  1(> 

.OVERSEERS. 

Of  slaves  furnished  under  requisition, 
see  Slaves. 

POLICE  OFFICERS. 
How  exempted  from  military  service,  10 

When  remanded  to  service,  10 

PRESIDENT  OF  CONFEDERATE 
STATES. 

Slaves  to  be  called  out  at  his  request, 
President's  request  accepts  provisions 

of  act,  8 

PRICE  OF  SALT. 
What  publication  of,  required,  4 

Fine  for  selling  at  higher  price,  4 

PRISONERS. 

Jailors'  fees  for  keeping,  increased,  21 

For  what  time  increased,  21 

PUBLIC  DEFENCE. 

Act  further  to  provide  for,  6 

Authorizes  governor  to  call  out  slaves,  6 

For  particulars  of  this  act,  see  Slaves. 

PUBLIC   GUARD. 

Account  of  Sampson  Jones  for  rations, 

to  be  settled,  '24 

Loss  under  contract  to  be  paid,'  24 

QUALIFICATION  OF  OFFICERS. 

Sheriffs  of  Culpeper  and  Orange  allowed 
time  to  qualify,  16 

Similar  provision  as  to  officers  of  other 
invaded  counties,  &c.  16 

RAIL  ROADS  AND  CANALS. 

May  be  controlled  for  transportation  of 

salt,  &c.  4 

Officers,  &c.  how  exempted  from  mili- 
tary service,  10 

When  their  service  again  due,  10 

Presidents  to  report  such  to  governor,         10 

Rail  road  connection  between  northwest 
and  seaboard  guaranteed,  27 

Rail  roads  terminating  in  Richmond  and 
Petersburg  to  furnish  wood  cars,  28 

If  companies  opposed,  burden  to  be  ap- 
portioned, 28 


INDEX. 


35 


REDRESS  OF  LOYAL  CITIZENS. 

Act  for  relief  of  those  injured  by  usurped 

power,  11 

What  estates  devoted  to  their  relief,  12 

Act  to  protect  and  indemnify  citizens  of 

Virginia,  1 2 

Who  liable  for  confiscating  property,  12 

Purchasers  liable,  12 

Judgment,  how  obtained,  13 

Eight  to  recover  otherwise,  13 

Recovery  otherwise  not  to  impair  re- 
medy given  by  act,  13 
Who  liable  for  leasing  property  of  citizens,  1 3 
How  liability  enforced,  13 
Jury  may  be  summoned,  13 
Similar  liabilities  and  proceedings  for 

emancipating  slaves,  13 

Liabilities  of  other  persons  assisting  in 

such  confiscation,  &c.  14 

Liabilities  for  prosecuting  suits  before 
judges,  &c.  of  usurped  government 
or  of  U.  States,  14 

Who  liable  for  exposing  property  of 

citizens  to  sale  or  confiscation,  14 

Purchasers  also  liable,  15 

Judgment,  how  obtained,  15 

As  additional  remedy,  property  may  bo 

retaken,  15 

Lien  on  estates  of  persons  liable  for 

such  offences,  15 

RESOLUTIONS. 

Resolution  guaranteeing  rail  road  be- 
tween Northwestern  Virginia  and 
the  seaboard,  27 

Increased  facilities  for  travel,  &c.  re- 
quired, 27 
Assurance,  given  of  a  rail  road  con- 
nection,                                                       27 
When  surveys  should  be  made,  27 
Resolution  as  to  dividend  by  Richmond 

branch  of  Exchange  Bank,  28 

Amount  of  dividend,  28 

Resolution  to  require  wood  cars  for  sup- 
plying Richmond  and  Petersburg,  28 
Duty  of  board  of  public  works,  28 
If  rail  road  companies  opposed,  burden 

to  be  apportioned,  28 

Resolution  as  to  marriage  licenses  in 

certain  cases,  28 

When  office  of  clerk  vacant,  28 

Or  when  clerk  absent  by  reason  of  in- 
vasion, 29 
Duty  of  justices  on  clerk's  return,  29 
Resolution  as  to  vacancy  in  office  of 

assessor  under  salt  act,  29 

C4ovemor  to  fill  vacancy,  29 

Resolution  as  to  adjournment  of  ge- 
neral assembly,  29 

SALT. 
Act  for  production,  distribution   and 

sale  of;  general  powers  of  governor,  3 

May  pledge  faith  of  commonwealth,  3 

His  power  over  property  and  franchises,  3 

Salt  /works  not  to  be  purchased,  3 

What  property  may  be  seized,  3 

What  contracts  to  be  respected,  3-4 
When  contracts  with  other  states  to  be 

'„__  disregarded,  4 


When  other  states  to  be  furnished,  4 
Right  to  manufacture  and  sell,  after 

uses  of  state  are  supplied,  4 
Powers  over  rail  roads  and  canals  for 

transportation,  4 

Places  of  distribution  to  be  designated,  4 

Rules  and  regulations  for  sale,  4 

Publication  of  prices,  4 
After  publication,  sale  at  higher  price 

a  misdemeanor,  4 

Violation  of  rules  a  misdemeanor,  4 

Upon  conviction,  what  fine,  4 

Agents  for  sales,  4 

Agents  to  give  bond,  4 

Penalty  and  condition  of  bond,  5 
Amount  appropriated  to  carry  out  the 

act,  5 
Payments  out  of  treasury,  how  to  be 

made,  5 
Board  of  assessors,  how  composed  and 

appointed,  5 

What  assessments  board  to  make,  5 

How  assessment  to  be  certified  and  paid,  5 
Certificate  to  be  filed  with  secretary  of 

state,  5 
Secretary  to  forward  copy  to  person 

entitled,  5 

When  assessment  final,  5 

When  appeal  allowed,  and  to  what  court,  5 

Proceedings  on  the  appeal,  5 
Injunction  not  to  be  granted  against 

governor,  5 
How  board  of  assessors  to  be  convened 

and  paid,  5 

Vacancy  in  office  of  assessor,  how  filled,  29 

SEIZURE  OF  PROPERTY. 

Authorized,  if  necessary,  for  procuring 
supply  of  salt,  3 

SENATE. 
May  restore  militia  officers  removed  for 
treason  or  disloyalty,  8 

SHERIFFS  AND  SERGEANTS. 
To  execute  summons  for  justices  under 

requisition  for  slaves,  6 

When  slaves  to  be  delivered  to  them,  7 

To  seize  slaves  not  delivered,  7 

To  attend  sessions  of  courts  under  re- 
quisition, 7 
Sheriffs  of  Orange  and  Culpeper  allowed 

time  to  qualify,  16 

Similar  provision  as  to  officers  of  other 
invaded  counties,  &c.  16 

SLAVES. 
May  be  called  out  for  work  on  fortifi- 
cations, &c.  (3 
Call  to  be  made  upon  request  of  pre- 
sident, 6 
Time  for  which  they  may  be  called  out,  (5 
Number  limited,  6 
Requisition  to  be  apportioned  ratably,  6 
Compensation  for  services  of  slaves,  6 
Value  of  slaves,  when  to  be  paid,  6 
When  compensation  for  injury  to  slaves,  6 
Hired  slaves  to  be  regarded  as  in  pos- 
session of  their  owners,  6 
Notice  of  call,  how  given  to  counties,  &c.  6 


36 


INDEX. 


Upon  such  notice,  clerks  to  summon 

justices, 
Summons,  how  directed, 
Duty  of  county  and  corporation  courts 

thereupon, 
Commissioners  of  revenue,  to  assist, 
How  requisitions  apportioned, 
When  slaves  to  be  taken  ascertained 

by  lot, 
What  slaves  of  soldiers  in  army  exempt, 
When  slaves  to  be  delivered  to  sheriff, 
Sheriff  to  deliver  to  confederate  officer 

or  agent, 
When  slaves  so  delivered  must  be  re- 
turned, 
Slaves  not  delivered  to  be  seized  by 

sheriff, 
Duty  of  confederate  officer  in  such  cases, 
Term  of  service  of  slaves  so  seized, 
If  court  fails  to  act,  clerk  to  notify 

governor, 
Governor  then  to  impress  slaves, 
Mode  of  impressment, 
Term  of  service  for  impressed  slaves, 
Burden  to  be  equalized  among  coun- 
ties and  towns, 
Slaves  before  furnished  to  be  consi- 
dered, 
When  owners  may  select  overseers, 
Where  overseer  to  deliver  slaves, 
If  a  fit  person,  overseer  to  have  charge 

during  service, 
How  as  to  subsistence  of  slaves  by 

owner, 
Slaves  sent  voluntarily,  how  regarded, 
President's  request  for  slaves  an  accep- 
tance of  the  act, 
Slaves  emancipated  by  U.  S.  authority, 
Who  liable,  and  what  proceedings, 


SMYTH  AND  WASHINGTON  SALT 
WORKS. 

Not  to  be  purchased  by  governor, 

SOLDIEES  IN  ARMY. 
When  their  slaves  exempt  from  requisi- 
tion, 

SPIRITUOUS  AND  MALT  LIQUORS. 


Act  of  1881-2  amended, 

Distillation  prohibited, 

Exceptions, 

Violation  of  this  act  a  misdemeanor, 

Penalty, 

Act  concerning  license  to  distill  from 
fruit,  &c.  amended, 

Tax  on  such  license, 

What  quantity  may  be  distilled  without 
license, 

See  Alcohol. 

STATES. 

Contracts  with  other  states  for  salt  to  be 
respected, 

In  what  case  contracts  may  be  dis- 
regarded, 

When  other  states  to  be  furnished  with 
salt, 

SUBSISTENCE. 

For  slaves  in  confederate  service,  owners 
may  furnish, 


TAXES. 
On  alcohol,  18 

On  spirits  distilled  from  fruit,  &c.  2i> 

THOMPSON,  JUDGE  GEORGE  W. 

Ordinance  suspending  his  salary,  re- 
pealed, 23 

TOWNS. 
See  Counties  and  towns. 


TREASON  OR  DISLOYALTY. 

Militia  officers  may  be  removed  by  go- 
vernor for  treason  or  disloyalty, 

But  senate  may  reverse  governor's  action, 

No  removals  when  arrests  can  be  made 
and  charges  preferred, 

Governor  to  give  reasons  for  removal  to 
general  assembly, 

See  Redress  of  loyal  citizens. 

See  United  States  government. 

See  Usurped  government. 

TRIALS. 

Of  felonies  charged  in  invaded  counties, 
&c.  how  provided  for, 


17 


UNITED   STATES  GOVERNMENT. 

Persons  holding  office  under  or  aiding, 

subjected  to  further  liabilities,  ■  13-14 

Also  those  acting  under  U.  S.  confisca- 
tion and  emancipation  laws,  14-15 

Record  evidence  of  official  position  not 
required,  14 

USURPED  GOVERNMENT. 

Established  within  this  commonwealth,      11 

Persons  establishing,  or  holding  office 
under,  incapable  of  conveying  real 
estate,  1 1-12 

Their  estates  devoted  to  redress  of  loyal 

citizens,  12 

What  liens  on  such  estates  not  im- 
paired, 12 

Other    liabilities   of   officers,    &c.    of 

usurped  government,  14 

VIRGINIA  STATE  LINE. 
Medical  director  of,  may  contract  for 

spirituous  liquors,  19 

WASHINGTON  AND  SMYTH  SALT 
WORKS. 

Not  to  be  purchased  by  governor,  3 

WATER  WORKS. 

Officers  of,  how  exempted  from  military 
service ;  when  remanded  to  service,         10 

WHISKEY. 

See  Spirituous  and  malt  liquors. 

WOOD. 

Cars  to  supply  Richmond  and  Peters- 
burg to  be  furnished  by  rail  road 
companies,  28 

If  companies  opposed,  burden  to  be 

apportioned,  28 


ACTS 


OF   THE 


GENERAL  ASSEMBLY 


'OF   THE 


STATE    OF    VIEGINIA, 


PASSED  AT  ADJOURNED  SESSION,  1863, 


IN   THE 


EIGHTY-SEVENTH  YEAR  OF  THE  COMMONWEALTH. 


RICHMOND: 

» 

WILLIAM    F.   RITCHIE,    PUBLIC    PRINTER, 

1863. 


PUBLIC  OR  GENERAL  ACTS. 


Chap.  1. — An  ACT  imposing  Tax«s  for  the  Support  of  Government. 
Passed  March  28,  1863. 

Be  it  enacted  by  the  general  assembly,  that  the  taxes  on  the  per- 
sons and  subjects  in  this  chapter  mentioned,  or  required  by  law  to  be 
listed  or  assessed,  shall,  for  the  year  commencing  on  the  first  day  of 
February  eighteen  hundred  and  sixty-three,  and  thereafter,  be  yearly 
as  follows : 

Taxes  on  lands  and  lots. 

1.  On  tracts  of  lands  and  lots  belonging  to  any  person,  firm,  com-.  Tax  on  lands 
pany  or  corporation,  with  the  improvements  thereon,  not  exempt 

from  taxation,  one  per  centum  on  the  assessed  value  thereof. 

Personal  property. 

2.  On  all  the  personal  property  (except  property  owned  and  not  On  personal 
hired  or  impressed  by  the  confederate  government),  moneys  and  sol-  neys  and  credit* 
vent  credits,  as  defined  in  this  section,  including  all  capital,  personal 

property  and  moneys  of  incorporated  joint  stock  companies  (other  than 
rail  road,  canal  or  turnpike  companies),  and  all  capital  invested,  used 
or  employed  in  any  manufacturing,  trade  or  other  business,  one  per 
centum  on  the  assessed  value  thereof.     But  property  otherwise  taxed,  what  exempted 
and  property  from  which  any  income  is  derived,  or  on  the  capital  in- 
vested in  any  trade  or  business,  in  respect  to  which  a  license  so  taxed  is 
issued,  certificates  of  stock,  moneys  and  personal  property  that  consti- 
tute part  of  the  capital  of  any  bank,  savings  institutions  and  insurance 
companies  shall  not  be  listed  under  the  provisions  of  this  section. 
The  word  "moneys"  shall  be  construed  to  include  not  only  gold,  Moneys,  what, 
silver  and  copper  coin,  but  bullion  and  bank  notes,  and  confederate 
and  state  treasury  notes,  and  county  and  corporation  notes.     The  Credits,  hovr 
word  "credits"  shall  be  construed  to  mean  all  bank,  state  or  cor- C0DB  ru 
poration  stocks,  claims  or  demands  owing  or  coming  to  any  per- 
son, whether  due  or  not,  and  whether  payable  in  money  or  other 
,  thing,  after  deducting  therefrom  all  bona  fide  debts  due  by  such  per- 
son as  principal  debtor.     Money  and  credits  in  any  state  of  the  Con-  Moneys  and 
federate  States,  or  in  any  other  country,  owned  by  any  resident  of  "afe'sfby  wham 
this  state,  shall  be  listed  by  such  resident,  and  taxed  to  him  at  the li8ted 
rate  prescribed  by  this  act.     In  ascertaining  the  value  of  such  money  how  vaine  «#• 
or  credits,  the  commissioner  shall  examine  the  person  on  oath,  if  to  certam 
be  found ;  if  not  found,  shall  assess  the  same  upon  the  best  informa- 


4  FINANCIAL.— TAXES. 

tion  he  can  obtain,  and  shall  add  to,  or  deduct  the  exchange  on  the 
value  of  such  money  or  credit  between  this  state  and  such  state  or 
country  where  such  moneys  or  credits  may  be,  to  be  computed  as  of 
the  first  of  February  next  preceding. 

Free  negroes. 

Free  negroes  3.    On  every  male  free  negro  who  has  attained  the  age  of  twenty- 

one  years,  two  dollars ;  but  no  tax  shall  hereafter  be  assessed  or  col- 
lected on  such  free  negro  under  the  act  of  the  sixth  of  April  eighteen 
hundred  and  fifty-three,  establishing  a  colonization  board. 

• 
White  males. 

White  males  4.   On  every  white  male  inhabitant  who  has  attained  the  age  of 

twenty-one  years,  not  exempt  from  taxation  by  order  of  the  court,  in 
consequence  of  bodily  infirmity,  two  dollars. 

Public  bonds. 

interest  on  pub-  «>•  On  the  interest  or  profit  which  may  have  accrued,  and  is  sol- 
vent, or  which  may  have  been  received  by  any  person,  or  converted 
,  into  principal  so  as  to  become  an  interest  bearing  subject,  or  other- 
wise appropriated,  within  the  year  next  preceding  the  first  day  of 
February  of  each  year,  arising  from  bonds,  interest  bearing  treasury 
notes,  or  other  certificates  of  debt  of  the  Confederate  States,  dr  of 
this  or  any  other  state  or  country,  or  any  corporation  created  by  this 
or  any  other  state,  whether  the  stock  of  such  company  be  exempt 
from  taxation  or  not,  seventeen  per  centum.  But  such  interest  or 
profits  derived  from  bank  stock  or  shares  of  savings  institutions  and 
insurance  companies  which  pay  taxes  thereon  into  the  treasury,  shall 
aot.be  included  herein,  unless  invested  or. otherwise  appropriated; 
and  if  so  invested  or  otherwise  appropriated,  the  tax  thereon  shall  be 
at  the  rate  of  one  per  centum  on  the  assessed  value  thereof.  If  no 
interest  shall  have  been  received  within  the  year  preceding  the  first 
day  of  February,  then  the  value  of  the  principal  of  such  bonds  shall 
be  assessed  and  taxed  as  other  property,  and  as  prescribed  by  law. 

Bank  dividends. 

Onbankdivi-  6.  On  the  dividends  declared  by  any  bank  incorporated  by  this 
state,  the  tax  shall  be  seventeen  per  centum  upon  the  amount  there- 
of; to  be  paid  into  the  treasury  by  the  bank.  If  the  dividend  be 
that  of  a  bank  incorporated  elsewhere,  the  tax  shall  be  seventeen  per 
centumupon  the  amount  thereof;  to  be  assessed  and  collected  aa 
other  taxes. 

Dividends  of  steam  boat  and  such  like  companies. 

On  dividends  of      7.   On  the  dividends  declared  within  the  year  next  preceding  the 

8im1iarbcoam-aPd  &rst  ^ay  °f  February,  if  the  same  be  equal  to  or  over  six  per  centum 

panies  on  [tg  capjtal,  by  steam  boat  and  companies  of  similar  character,  not 

specially  named  for  taxation,  whether  incorporated  by  this  or  any 


I 

FINANCIAL. TAXES.  5 

other  state,  or  whether  operating  with  or  without  a  charter,  seventeen 
per  centum.  If  there  he  no  dividend,  or  such  dividend  be  not  equal 
to  six  per  centum  of  such  capital,  then  such  company  shall  pay  a  tax 
on  its  capital  at  the  rate  of  one  per  centum  on  such  capital.  For 
this  purpose,  capital  shall  he  held  to  consist  of  stock  subscribed, 
money  deposited,  and  bonds,  certificates  and  other  evidences  of  debt 
held  or  owned  by  such  companies. 

Savings  banks  and  insurance  co?npanies. 

8.  Savings  banks  and  insurance  companies,  whether  incorporated  On  savings 

by  this  state.'or  operating  without  a  charter  granted  therein,  shall,  ranCe  companies 
in  June  and  December  of  each  year,  either  declare  a  dividend  of 
profits  arising  out  of  the  operations  of  such  savings  banks  and  insu- 
rance companies,  for  the  six  months  ending  on  the  first  day  of  June 
and  December  next  preceding,  or  determine  their  inability  to  do  so.  If 
a  dividend  be  declared  of  as  much  as  three  per  centum  of  its  capital, 
as  herein  defined,  the  said  institution  and  company  shall  cause  a  tax, 
at  the  rate  of  seventeen  per  centum  per  annum,  to  be  paid  into  the 
treasury,  and  the  same  shall  be  retained  from  the  dividend  on  which 
it  is  payable.  If  there  be  no  dividend,  or  if  such  dividend  be  not  as 
much  as  three  per  centum  of  such  capital,  as  herein  defined,  then 
such  institution  and  such  company  shall  pay  into  the  treasury  a  tax 
on  its  capital  at  the  rate  of  fifty  cents  on  every  hundred  dollars  of 
such  capital.  For  this  purpose,  the  capital  stock  shall  be  held  to 
consist  of  stock  subscribed,  money  deposited,  and  bonds,  certificates 
and  other  evidences  of  debt  held  or  owned  by  such  institution  and 
company.  Between  the  first  and  fifteenth  of  June  and  December  of 
each  year,  such  institution  and  company  shall  certify,  on  the  oath  of 
its  chief  accounting  officer,  the  amount  of  the  dividend  declared,  if 
any,  and  of  its  capital,  where  no  dividend  has  been  declared,  and 
shall  pay  the  tax  herein  imposed  into  the  treasury.  If  any  such  in- 
stitution or  company  f,ail  to  make  such  report  and  pay  such  tax,  it 
shall  Tie  liable  for  the  same,  and  forfeit  not  less  than  five  hundred 
dollars  nor  more  than  two  thousand  dollars. 

Dividends  of  companies  not  incorporated  by  this  state. 

9.  On  dividends  of  rail  road  or  other  like  companies  not  incorpo-  On  companies 
rated  by  this  state,  the  tax  shall  be  seventeen  per  centum  upon  the  by  thestat™  T 
amount  thereof;    to  be  listed  and  charged  to  the  recipient  of  such 
dividends,  or  those  entitled  to  receive  the  same.     If  such  dividend 

be  not  equal  to  six  per  centum  of  such  capital,  the  stock  so  held  shall 
be  listed  and  taxed  as  other  property,  and  no  tax  shall  be  imposed 
on  the  dividends  of  such  companies. 

Income. 

10.  On  the  income,  salary,  compensation  or  fees  received  during  on  income  or 
the  year  ending  the  first  day  of  February  of  each  year,  in  considera-  ee8 

tion  of  the  discharge  of  any  office  or  employment  in  the  service  of 


WW 

6  FINANCIAL. TAXES. 

i 

the  state,  or  in  consideration  of  the  discharge  of  any  office  or  em- 
ployment in  'the  service  of  any  corporation,  or  in  the  service  of  any 
Exception  company,  firm  or  person,  except  where  the  service  is  exclusively  that 

of  a  minister  of  the  gospel,  two  and  one-half  per  centum  upon  so 
Taxes  of  officers  much  thereof  as  exceeds  five  hundred  dollars.  The  tax  on  a  salary, 
iwwpaid me  '  payable  under  this  section  by  an  officer  of  government,  receiving  the 
same  out  of  the  treasury,  shall  be  deducted  at  the  rate  chargeable 
on  the  annual  salary,  on  the  amount  drawn  from  the  treasury  at  the 
time  the  salary  is  audited  and  paid;  and  fees  or  other  income  of  such 
officer  shall  be  listed  and  assessed  by  the  commissioners  as  in  other 
cases,  and  at  the  rates  prescribed  thereon. 

Profits. 

On  profits  11.   The  commissioner  of  the  revenue  shall  ascertain  .from,,  and 

assess  for  taxation  against,  every  person  in  his  district,  the  net  in- 
come of  such  person,  received  or  realized,  though  not  received, 
during  the  year  next  preceding  the  first  day  of  February  of  each 
year,  derived  in  any  of  the  modes  following,  set : 

First — All  profits  from  any  licensed  trade,  business  or  occupation. 

Second — All  profits  from  the  use  of  money  by  another,  for  the 
benefit  of  the  owner  thereof. 

Third — All  profits  from  buying  and  selling,  or  from  the  exchange  of 
real  or  personal  property,  or  from  buying  and  selling,  or  from  the  ex- 
change of  bonds,  public  and  private,  stocks  and  other  choses  in 
What  exempted  action,  and  all  profits  from  any  other  trading  or  speculating:  pro- 
vided, however,  that  this  section  shall  not  be  construed  to  embrace 
the  agricultural  products,  when  sold  by  the  producer,  or  the  personal 
property  used  in  raising  said  products,  nor  cattle  or  other  live  stock, 
when  sold  by  the  person  assessed  with  the  tax  on  said  cattle  or  other 
live  stock;  nor  cattle  or  other  live  stock  sold  by  the  person  who  hae 
grazed  or  fed  the  same  for  a  period  not  less  than  three  months  prior 
to  such  sale;  nor  a  sale  of  real  or  personal  property,  purchased  by 
the  vendor  for  his  own  individual  use*  and  not  for  resale  by  him ;  nor 
■  any  income,  salary,  compensation  or  fees  received  from  the  discharge 
of  any  office  or  employment  mentioned  and  taxed  under  the  provi- 
sions of  the  next  preceding  section.  The  auditor  of  public  accounts 
shall  make  such  rules  and  regulations  for  the  guidance  of  the  com- 
missioner under  this  section,  as  he  shall  deem  proper;  and  shall,  for 
that  purpose,  dire.ct  the  examination  on  oath  of  any  party  concerned. 
and  of  any  other  person  whose  evidence  may  aid  the  commissioner  in 
the  performance  of  his  duty. 

Erroneous  as-  .      12.   Eedress  for  any  alleged  erroneous  assessment,  and  all  pro- 
reSressea  ceedings  thereon,  shall  be  regulated  "by  the  laws  in  force  in  other 

cases. 

Rate  of  tax  13.   The  tax  under  this  section  shall  be  ten  per  centum  upon  so 

much  of  the  net  income,  assessed  as  herein  before  provided,  as  ex- 


FINANCIAL. TAXES.  7 

eeeds  the  sum  of  three  thousand  dollars :  provided,  that  all  licenses,  What  deducted 
taxes  or  per  centage  taxes  paid  for  the  year  preceding  the  first  day  come 
of  February  eighteen  hundred  and  sixty-three,  by  persons  who  may 
have  obtained  a  license,  shall  be  abated  from  the  gross  incomes,  in 
order  to  ascertain  the  net  incomes  taxed  under  this  section ;  and  all 
other  expenses  incurred  in  carrying  on  the  business  which  may  have 
produced  such  income  for  said  year,  and  all  county,  city  and  corpo- 
ration taxes  for  the  privilege  of  carrying  on  said  business  for  said 
year,  shall  be  abated  from  the  gross  income. 

Toll   bridges. 

14.  On  the  yearly  rent  or  annual  value  of  toll  bridges  and  ferries,  On  toil  bridges 
whether  authorized  by  law  or  hot,  other  than  those  toll  bridges  and 

ferries  exempt  by  their  charter  from  taxation,  seventeen  per  centum. 

Collateral  inheritances. 

15.  On  the  estate  of  a  decedent,  which  passes  under  his  will  or  by  On  collateral  in- 

,  .  ciTi-i      heritanees 

descent  to  any  other  person,  or  tor  any  other  us©  than  to  or  for  the 
use  of  the  father,  mother,  husband,  wife,  brother,  sister,  nephew, 
niece,  or  lineal  descendant  of  such  decedent,  there  shall  be  a  tax  of 
three  per  centum  of  such  estate. 

Estates  passing  under  sequestration  acts. 

16.  On  all  estate,  which,  under  the  effect  or  hj  the  provisions  of  On  estates  under 
the  sequestration  act  of  the  confederate  congress,  or  any  act  amen-  ac?°eS 
datory  thereof,  may  legally  pass,  otherwise  than  by  purchase,  to  any 

person,  there  shall  be  a  tax  of  ten  per  centum  on  the  value  thereof. 

Internal  improvement  companies. 

17.  On  every  passenger  transported  on  any  rail  road  or  canal  in  on  internal  im 
this  state,  for  and  on  behalf  of  this  state  or  of  the  Confederate  States,  ^°Jeesment  eom 
one  and  a  half  mill  for  every  mile  of  transportation ;    and  on  all 

freight  so  transported,  three-fourths  of  one  per  centum  of  the  gross 
amount  received  by  the  company  controlling  such  rail  road  or  canal, 
for  the  transportation  of  such  freight,  or  for  ^olls  thereon,  or  for  privi- 
leges granted  thereby ;  and  on  every  passenger  transported  on  any 
rail  road  or  canal  in  this  state,  other  than  those  above  mentioned, 
two  and  a  half  mills  for  every  mile  o'f  transportation;  and  on  all 
freight  so  transported,  other  than  that  above  mentioned,  o'he  and  a 
quarter  per  centum .  of  the  gross  amount  received  by  the  company 
controlling  such  rail  road  or  canal,  for  the  transpoi'tation  of  such 
freight  or  tolls  thereon,  or  for  privileges  granted  thereby.  And  it 
shall  be  the  duty  of  every  such  company  to  collect  for  the  state  the 
tax  herein  imposed ;  and  every  rail  road  company  or  canal  company,  when  and  what 
whether  exempted  from  taxation  by  its  charter  or  not,  shall  hereafter  ditorP°r 
report  quarterly,  on  the  fifteenth  day  of  March,  June,  September 
and  December  in  each  year,  to  the  auditor  of  public  accounts,  the 
number  of  passengers  transported,  and  the  aggregate  number  of 


8  .  FINANCIAL. TAXES. 

miles  traveled  by  them  within  this  commonwealth,  and  the  gross 
amount  received  by  such  company  for  the  transportation  of  freight 
over  such  road  or  canal,  or  any  part  thereof,  or  water  or  other  im- 
provement owned  or  connected  therewith,  during  the  quarter  of  the 
year  next  preceding  the  first  day  of  the  month  in  which  such  report 

when  only        is  t«  be  made.     Such  company,  whose  road  or  canal  is  only  in  part 

state7 '"  e  within  the  commonwealth,  shall  report  as  aforesaid  such  portion  only 
of  such  amount  received  for  passengers  and  for  transportation  of 
freight,  as  the  part  of  the  said  road  or  canal  which  is  within  this 

Toils,  how  to  be  commonwealth  bears  to  the  whole  of  such  road  or  canal.  If  the 
profits  of  such  road  or  canal  consist  in  whole  or  in  part  of  tolls,  the 
gross  amount  thereof  shall,  for  the  purposes  of  this  act,  be  construed 
to  be  a  part  of  the  gross  amount  received  for  the  transportation-  of 

Exemptions  an-  freight.  It  is  the  intention  of  this  act  to  abrogate  and  annul  all  ex- 
emptions from  taxation  of  any  such  company,  contained  in  its  char- 
ter, during  the  existing  war,  and  to  subject  such  company  to  the 
uniform  rate  of  taxation  prescribed  by  law,  so  far  as  the  general  as- 
sembly has  power  .to  do  so.  The  property  of  such  company,  over 
and  above  the  property  they  are  authorized  by  its  charter  to  hold, 
shall  be  taxed  as  other  property. 

Statement  of  rail   road  officers. 

Report  made  on  18.  Such  statement  shall  be  verified  by  the  oaths  of.  the  president 
and  the  superintendent  of  transportation,   or  other  proper  officer. 

Penalty  for  Every  company  failing  to  make  such  report,  shall  be  fined  five  hun- 
dred dollars ;  and  any  company  having  a  subordinate  board,  or  any 
board  managing  any  part  of  its  works,  may  by  its  by-laws  create  and 
enforce  such  penalties  as  will  secure  proper  reports  of  such  compa- 

When  taxes  to    nies.     At  the  time  of  making  such  reports,  such  company  shall  pay 

treasury1110  e  m^°  tne  treasury  the  taxes  imposed  on  passengers,  freight,  tolls  and 
privileges,  as  in  this  act  provided.  Every  such  company  paying 
such  taxes,  shall  not  be  assessed  with  any  tax  on  its  lands,  buildings, 
cars,  boats  or  other  property  (owned  but  not  hired)  which  they  are 

when  liable  to    authorized  by  law  to  hold  or  have      But  if  aujT  such  company  fail 

pay  taxes  on  .     *  •.,  ...  .  „     ,     ,  ,.  , 

Sands  and  other  to  pay  such  taxes  at  either  of  the  tunes  specified  therefor,  then  its 
[property  lands,  buildings,  cars,  boats  and  other  property  shall  be  immedi- 

ately assessed,  under  the  direction  of  the  auditor  of  public  accounts, 
by  any  person  appointed  by  him  for  the  purpose,  at  its  full  value, 
and  a  tax  shall  at  once  be  levied  thereon  as  on  real  estate  and  other 
property,  at  twenty-five  cents  on  every  hundred  dollars  value  thereof, 
on  account  of  each  quarterly  default ;  to  be  collected  by.  any  sheriff 
whom  the  auditor  may  direct;  and  such  sheriff  shall  distrain  and 
sell  any  personal  property  of  such  company,  and  pay  such  taxes  into 
the  treasury  within  three  months  from  the  time  when  such  assess- 
ment is  furnished  to  him. 

* 

Express  companies. 
Express  com-  19.   Every  express  company  shall  make  return  to  the  auditor  of 

panies  to  report 


FINANCIAL.— TAXES.  9 

public  accounts,  on  or  before  the  fifteenth  day  of  March,  June,  Sep-  quarterly  to  an 
tember  and  December  of  each  year,  of  the  gross  receipts  of  such 
company,  on  account  of  any  transactions,  profits  or  .charges  within 
the  state  of  Virginia,  within  the  three  months  next  preceding  the  first  «, 
day  of  March,  June,  September  and  December  of  each  year.  If  the  Form  of  report 
auditor  of  public  accounts  shall  have  prescribed  a  form  for  such  re- 
turn, the  said  report  shall  be  in  the  form  prescribed.  If  no  such 
form  shall  have  been  prescribed,  the  report  shall  be  in  such  form  as 
will  best  disclose  the  operations  of  such  company.  The  report  of 
such  company  shall  be  verified  by  the  oaths  of  the  agents  and  chief 
officers  of  such  company,  at  its  principal  office  in  this  state.  The  re- 
port shall  show  the  gross  receipts  and  charges  of  such  company  for 
business  done  in  this  state,  whether  collected  in  or  out  of  the  state. 
Such  express  company  shall  be  the  collector  for  the  state  of  the  taxes 
herein  imposed,  and  shall,  on  or  before  the  fifteenth  day  of  March, 
June,  September  and  December,  pay,  on  the  total  receipts  so  reported, 
a  tax  of  two  and  one-half  per  centum.     For  a  failure  to  make  such  Penalty  for  faii- 

i  i  t  ure  to  report 

report  or  pay  such  tax,  a  penalty  oi  not  less  than  one  thousand  nor 
more  than  five  thousand  dollars  shall  be  imposed  upon  the  company 
so  failing.     For  the  payment  of  the  tax  and  of  such  penalty,  the  Stockholders 
stockholders  and  members  of  such  company  shall  be  personally  liable,  liable  tor  tax 
and  judgment  may  be  rendertd  against  them,  or  any  of  them,  perso-  d,n  pen    y 
nally,  in  the  circuit  court  of  the  city  of  Richmond,  in  the  mode  pre- 
scribed by  law.     Such  company  and  its  officers  and  agents  are  here-  Not  to  do  bro- 
by  prohibited  from  doing  any  business  appertaining  to  the  business 
of  a  broker  or  merchant,   unless  licensed  as  broker  or  merchant. 
Such  principal  officer  shall  require  from  the  several  agents  employed 
by  such  company,  a  report  of  their  transactions  on  oath ;  which  re- 
port, so  sworn  to,  shall  accompany  the  report  of  the  chief  officer  to 
the  auditor  of  public  accounts.     All  reports  made  after  the  first  day 
of  December  eighteen  hundred  and  sixty-two,  shall  be  made  under 
the  provisions  and  in  pursuance  of  this  act.     Such  company,  its  offi-  Penalty  for 
eers  and  agents,  doing  business  as-  broker  or  merchant,  without  a  0f  broker  or 
license,  shall  forfeit  not  less  than  two  hundred  nor  more  than  two  merc  ^ 
thousand  dollars. 

Suits. 

20.  When  any  original  suit,  ejectment,  attachment  (other  than  on  Original  smits 
a  summons  to  answer  a- suggestion,  sued  out  under  the  provisions  of 

the  eleventh  section  of  chapter  one  hundred  and  eighty-eight  of  the 
Code)  or  other  action  is  commenced  in  a  circuit,  county  or  corpora- 
tion court,  there  shall  be  a  tax  of  one  dollar  and  seventy  cents ;  if  it  Appeals 
be  an  appeal,  writ  of  error  or  supersedeas  in  a  circuit  court,  there 
shall  be  a  tax  of  three  dollars  and  forty  cents ;  if  it  bp  an  appeal, 
writ  of  error  or  supersedeas  in  a  district  court,  eight  dollars  and  fifty 
cents ;  and  if  in  the  court  of  appeals,  eight  dollars  and  fifty  cents. 

Seals. 

21.  When  the  seal  of  a  court,  of  a  notary  public  or  the  seal  of  On  seals 


10  FINANCIAL. TAXES. 

0 

the  state  is  annexed  to  any  paper  except  in  those  eases  exempted  by 
law,  the  taxes  shall  be  as  follows :  For  the  seal  of  the  state,  five  dol- 
lars ;  for  any  other  seal,  two  dollars  and  fifty  cents ;  and  herein  shall 
•  be  included  a  tax  on  a  scroll  annexed  to  a  paper  in  lieu  of  an  official 
What  exempted  seal.  But  this  section  shall  not  apply  to  seals  of  courts  affixed  to 
bonds  of  any  county,  executed  for  money  raised  to  aid  in  equipping 
soldiers  of  such  county,  or  to  aid  in  the  support  of  the  families  of 
such  soldiers;  nor  shall  the  tax  provided  in  this  section  apply  to  any 
seal  of  a  court  affixed  to  any  papers  required  in  order  to  receive  the 
arrearages  of  pay  or  allowances  due  to  a  deceased  soldier,  either  from 
this  state  or  the  Confederate  States. 


On  transfer  of 
state  stocks 


How  tax  col- 
lected 


Compensation 
of  second  au- 
ditor 


On  wills  and  ad- 
ministrations 


On  deeds 


Transfer  of  state  stock. 

22.  For  the  transfer  of  all  state  stock  to  be  registered  in  the  office 
of  the  second  auditor,  for  each  certificate  of  stock,  there  shall  be  a 
tax  of  ten  cents  for  every  hundred  dollars.  It  shall  b'e  the  duty  of 
the  second  auditor  to  collect  said  tax  before  the  delivery  of  such  cer- 
tificate of  transferred  stock,  and  render  an  account  of  receipts  for 
each  preceding  quarter  of  'a  jrear,  and  pay  the  same  into  the  treasury, 
at  the  end  of  each  quarter,  to  the  credit  of  tne  commonwealth,  de- 
ducting five  per  centum  thereupon  as  his  compensation. 

Wills  and  administrations.  . 

23.  On  the  probate  of  every  will  or  grant  of  administration  not 
now  exempt  by  law,  there  shall  be  a  tax  of  two  dollars  and  fifty  cents. 

Deeds. 

24.  On  every  deed  admitted  to  record,  whether  the  same  has  been 
recorded  before  or  not,  and  on  every  contract  relating  to  real  estate, 
whether  it  be  a  deed  or  not,  which  is  admitted  to  record,  there  shall 
be  a  tax  of  two  dollars  and  fifty  cents. 

Bank  corporations. 

25.  On  every  law  incorporating  or  chartering  or  recharteriug  any 
bank,  with  a  capital  not  exceeding  two  hundred  thousand  dollars, 
there  shall  be  a  tax  of  one  hundred  and  twenty-five  dollars;  with  a 
capital  of  over  two  hundred  thousand  dollars  and  not  exceeding  four 
hundred  thousand  dollars,  there  shall  be  a  tax  of  two  hundred  and 
fifty  dollars;  with  a  capital  of  over  four  hundred  thousand  dollars 
and  not  exceeding  six  hundred  thousand  dollars,  there  shall  be  a  tax 
of  three  hundred  and  seventy-five  dollars ;  with  a  capital  of  over  six 
hundred  thousand  dollars  and  not  exceeding  eight  hundred  thousand 
dollars,  there  shall  be  a  tax  of  five  hundred  dollars ;  and  with  a  capital 
of  over  eight  hundred  thousand  dollars,  there  shall  be7  a  tax  of  six 
hundred  and  twenty-five  dollars. 

Manufacturing  companies. 
Charters  of  ma-     26.   On  every  law  incorporating  or  recharteriug  any  oil,  iron,  coal 


Bank  charters 


FINANCIAL. TAXES.  1 1 

or  manufacturing  company,  if  the  maximum  capital  is  one  hundred  nufactuHug 
thousand  dollars  or  less,  there  shall  be  a  tax  of  one  hundred  and     mp  mes 
twenty- five  dollars;  and  if  it  exceed  that  amount,  there  shall  be  a 
tax  of  two  hundred  and  fifty  dollars.  , 

Gas  light  and  other  companies. 

27.  On  every  law  for  the  incorporation  of  any  canal,  rail  road,  Charters  of  gaa 

■  *  .  light  and  other 

insurance,  gas  light,  express  or  telegraph  company,  if  the  maximum  companies 
capital  is  one  hundred  thousand  dollars  or  less,  there  shall  be  a  tax 
of  one  hundred  and  twenty-five  dollars ;  and  if  it  exceed  that  amount,  • 
there  shall  be  a  tax  of  two  hundred  and  fifty  dollars  :  provided,  that 
the  tax  imposed  by  this  section  shall  not  apply  to  the  Virginia  canal 
company. 

Savings  institutions. 

28.  On  every  law  chartering,  renewing  Or  extending  the  charter  Charters  of 

"„  .  ....p,  .  .  ,_.,  savings  instita- 

ot  any  savings  institution,  it  the  maximum  capital  is  one  hundred  tions 
thousand  dollars  .or  less,  there  shall  be  a  tax  of  one  hundred  and 
twenty-five  dollars ;  and  if  it  exceed  that  amount,  there  shall  be  a 
tax  of  two  hundred  and  fifty  dollars. 

Private  corporations. 

29.  On  every  law  chartering,  renewing  or  extending  the  charter  Private  charter* 
of  any  private  corporation,  other  than  those  herein  before  mentioned, 

and  other  than  acts  for  the  incorporation  of  a  college,  academy, 
seminary  of  learning,  or  literary  or  charitable  institution  or  cemetery, 
if  the  maximum  capital  is  one  hundred  thousand  dollars  or  less, 
there  shall  be  a  tax  of  one  hundred  and  twenty- five  dollars;  and  if 
it  exceed  that  amount,  there  shall  be  a  tax  of  two  hundred  and  fifty 
dollars. 

Unorganized  companies,  how  taxed. 

30.  All  the  acts  of  assembly  creating  or  continuing  corporations  Unorganized 

-i    •        i  •  ,-i        •  i        i  ■    t     i  p    »       -i      •    i  companies 

mentioned  in  this  act,  which,  since  the  third  day  ot  April  eighteen 
hundred  and  sixty-one,  have  not  been  organized,  by  accepting  the 
charter  granted  to  the  corporators,  and  paid  the  taxes  ther.eon,  ac- 
cording to  the  provisions  of  the  act  entitled  an  act  imposing  taxes 
for  the  support  of  government,  passed  April  the  third,*  eighteen 
hundred  and  sixty-one,  shall  hereafter,  upon  being  organized,  or  upon  when  to  make 
accepting  the  charter,  return  a  statement,  verified  by  the  oath  of  the  rep 
president  or  other  proper  officer,  to  the  auditor  of  public  accounts, 
showing  the  amount  of  the  capital  of  the  company  or  corporation  of 
which  he  is  president,  on  or  before  the  first  day  of  July,  eighteen 
hundred  and  sixty-three ;  and  those  corporators  omitting  so  to  accept 
the  charter,  and  to  return  by  that  time,  and  afterwards  accepting, 
shall,  on  or  before  the  first  day  of  July  in  the  year  next  after  such 
acceptance,  make  such  report,' and  at  the  same  time  pay  into^ the. 
treasury  the  amount  of  tax  imposed  by  this  act. 


FINANCIAL. TAXES. 


On  licenses. 


Ordinaries  and 
public  enter- 
Wirminf 


License  to  sell 
ardent  spirits 


Not  to  include 
sale  of  other 
things 


What  houses 
deemed  ordi- 

jjarit,B 


Ordinaries. 

31.  The  taxes  on  licenses  shall  he  as  follows:  On  a  license  to 
keep  an  ordinary  or  house  of  public  entertainment,  one  hundred  dol- 
lars ;  and  if  the  yearly  value  of  such  house  and  furniture,  whether 
rented  or  kept  by  the  proprietor,  exceed  one  hundred  dollars,  and  is 
less  than  two  hundred  dollars,  the  tax  shall  he  one  hundred  and 

<  twenty-five  dollars;  and  if  the  yearly  value  thereof  exceed  two  hun- 
dred dollars,  there  shall  he  added  to  the  last  mentioned  sum  thirty- 
four  per  centum  on  so  much  thereof  as  exceeds  two  hundred  dollars; 
and  if  the  license  grants  the  privilege  of  retailing  ardent  spirits, 
porter,  ale  or  beer,  to  be  drank  elsewhere  than  at  such  ordinary,  there 
shall  be  added  to  said  license  a  tax  of  one  hundred  and  twenty-five 
dollars,  in'  addition  to  the  amount  otherwise  imposed ;  and  if  the 
business  be  continued,  there  shall  also  be  a  tax  of  two  and  a  half 
per  centum  upon  the  amount  of  such  sales  for  the  preceding  year,  in 
addition  to  the  specific  tax.  But  the  privilege  to  sell  ardent  spirits 
hereby  authorized,  shall  not  be  oonstrued  to  authorize  the  sale  of  any 
other  thing  under  cover  of  a  license  to  keep  an  ordinary ;  and  any 
sales  not  authorized  at  such  ordinary,  shall  be  deemed  to  be  sales 
made  by  the  ordinary  keeper  without  license.  All  houses  at  any 
time  heretofore  kept  as  hotels  or  licensed  ordinaries,  shall  be  deemed 
to  be  houses  of  public  entertainment ;  and  if  licensed,  shall  be  licensed 

.  as  such,  with  or  without  the  privilege  of  selling  ardent  spirits. 


Private  entertainment. 


Private  enter- 
tainment and 

boarding  houses  private  boarding  house,  twenty  dollars 


32.    On  a  license  to  keep  a  house  of  private  entertainment  or  a 

If  the  yearly  value  thereof 
and  furniture  exceed  one  hundred  dollars,  there  shall  be  added  to  the 
last  mentioned  sum  twenty-five  per  centum  on  so  much  thereof  as 
exceeds  One  hundred  dollars.  But  no  house  shall  be  deemed  a  pri- 
vate boarding  house"-,  with  less  than  five  boarders. 


Cook  shops  and 
eating  houses 


Bowling  alleys 


Cook  shops  and  eating  houses. 

33.  On  every  license  to  keep  a  cook  shop  or  eating  house,  fifty 
dollars;  and  in  addition  thereto,  fifty  per  centum  on  so  much  of  the 
yearly  value  thereof  as  exceeds  one  hundred  dollars. 

•    Bowling  alleys. 

34.  On  every  license  permitting  a  bowling  aljey  or  saloon  to  be 
kept  for  a  year,  one  hundred  and  twenty-five  dollars;  but  if  there 
he  more  than  one  such  alley  kept  in  any  one  room,  forty  dollars  each 
shall  be  charged*  for  the  excess  over  one. 

Billiard  tables. 


Billiard  tables        3o.   On  every  license  permitting  a  billiard  table  to  be  kept  for  a 


FINANCIAL. — -TAXES.  13 

year,  two  hundred  and  fifty  dollars ;  but  if  there  be  more  than  one 
such  table  kept  in  any  one  room,  one  hundred  and  twenty-five  dol- 
lars each  shall  be  charged  for  the  excess  over  one  table\ 

Bagatelle  tables. 

36.  On  every  license  permitting  a  bagatelle  or  other  like  table  to  Bagatelle  table* 
be  kept  for  one  year  or  any  less  time,  fifty  dollars  for  the  first,  and 

if  more  than  one,  thirty  dollars  for  each  additional  table. 

.   .  Livery  stables. 

37.  On  every  license  to  a  keeper  of  a  livery  stable,  two  dollars  Livery  stabi«g 
and  a  half  for  each  stall  thereef ;  and  herein  shall  be  included  as  what  included 
stalls,  such  space  as  may  be  necessary  for  a  horse  to  stand,  and  in 

which  a  horse  is  or  may  be  kept  at  livery  otherwise  than  for  the  pur- 
pose of  feeding  horses  by  one  day  only ;  and  no  exemption  from  this  Ordinary  keep- 

V  ,     n  ■.,        n  j  ,  .  c         ,  ers  not  exempt 

license  shall  He  allowed  to  any  person  in  consequence  or  such  person 
being  licensed  to  keep  an  ordinary  or  house  of  private  entertainment, 
if  any  horses  be  kept,  fed  or  hired  for  compensation  by  the  proprie- 
tor thereof,  except  that  no  tax  shall  be  required  on  sucli  stalls  as  are 
kept  exclusively  and  used  for  horses  belonging  to  travelers  or  guests 
stopping  at  such  house. 

License  to  distill  or  rectify  ardent  spirits. 

38.  On  every  license  to  distill  or  rectify  ardent  spirits,  if  the  ma-  DiBtiiiingor  rec- 
chinery  be  propelled  by  steam,  power,  the  tax  shall  be  two  hundred  spirits 

and  fifty  dollars ;  if  the  machinery  be  not  so  propelled,  the  tax  shall 
be  one  hundred  and  twenty-five  dollars ;  and  if  the  distillery  is  for 
the  manufacture  of  ardent  spirits  from  fruit,  vegetables,  syrup,  mo- 
lasses, sugar  cane  or  sugars  only,  the  tax  shall  be  twenty  dollars,  and 
no  deduction  shall  be  allowed  if  the  privilege  be  exercised  for  less 
than  a  year.  In  either  case,  there  shall  be  a  tax  of  fifty  cents  per  Additional  tax 
gallon  on  the  quantity  of  ardent  spirits  to  be  manufactured,  which  per  ga  on 
shall  be  stated  in  the  license ;  and  when  the  quantity  so  stated  shall 
have  been  made,  the  license  thereafter  shall  be  void ;  and  any  person 
continuing  the  manufacture,  after  the  quantity  named  in  the  license 
shall  have  been  made,  shall  be  liable  to  all  penalties  of  a  person  dis- 
tilling without  a  license.  If  the  person  desiring  such  license  make  How  quantity 
application  therefor,  he  shall  state  on  oath  the  probable  quantity  tobeascortaiaed 
which  in  his  opinion  he  will  distill  during  the  time  the  license  is  to 
continue,  and  the  tax  shall  be  assessed  as  well  for  the  specific  amount 
as upon  the  quantity  to  be  produced.  If  the  application  shall  not  be 
made  to  the  commissioner  for  an  assessment,  the  commissioner  shall 
assess  the  specific  tax  as  in  other  cases  of  default,  and  shall  ascer- 
tain, upon  the  best  information  he  can  obtain,  the  probable  quantity 
which  the  distillery  will  produce  during  the  time  the  license  will  con- 
tinue, and  shall  tnerefrom  assess  the  actual  rate  per  gallon  provided 
for  in  this  act.  If  the  quantity  to  be  manufactured  under  such  li- 
cense shall  have  been  made,  and  the  person  desires  an  enlargement 


FINANCIAL. TAXES. 


When  tbiB  sec- 
tion to  com- 
mence 


Merchant's 
epreific  tax 
Tax,  when  pro- 
portioned to^ 


of  the  quantity,  he  may  apply  for  a  new  assessment  and  n'ew  license 
for  the  additional  quantity  desired,  which  shall  be  granted  upon  the 
payment  of  the  tax  on  the  gallon,  without  the  specific -tax  to  rectify 
or  distill.  This  section  of  this  act  shall  be  in  force  from  the  passage 
thereof,  so  far  as  to  impose  the  tax  for  the  manufacture  of  ardent 
spirits  from  fruit,  vegetables,  syrups,  molasses,  sugar  cane  or  sugars ; 
for  the  manufacture  of  ardent  spirits  for  the  confederate  government, 
or  under  any  contract  or  agreement  therewith;  and  shall  be  in  force, 
as  to  the  manufacture  of  liquors  generally,  from  and  after  the  time 
the  act  entitled  an  act  to  prevent  the  unnecessary  consumption  of 
grain  by  distillers  and  other  manufacturers  of  spirituous  or  malt 
liquors,  passed  March  twelfth,  eighteen  hundred  and  sixty-two,  shall 
expire  :  provided  no  license  or  tax  .shall  be  required  of  any  person 
for  manufacturing  thirty-three  gallons,  in  one  year,  out  of  the  fruit, 
vegetables,  syrups,  molasses,  sugar  cane  or  sugars  of  his  own  pro- 
duction, for  his  own  use. 

Merchants. 

39.  On  every  license  to  a  merchant  or  mercantile  firm,  where  a 
specific  tax  is  to  be  paid,  one  hundred  and  fifty  dollars ;  and  where 
the  tax'is  in  proportion  to  the  sales,  if  the  taxable  sales  shall  be  un- 
der one  thousand  dollars,  the  tax  shall  be  fifty  dollars ;  if  one  thou- 
sand dollars  and  under  fifteen  hundred  dollars,  sixty  dollars;  if  fif- 
teen hundred  dollars  and  under  twenty-five  hundred  dollars,  eighty 
dollars ;  if  twenty-five  hundred  dollars  and  under  five  thousand  dol- 
lars, one  hundred  and  twenty  dollars;  if  five  thousand  dollars  and 
under  ten  thousand  dollars,  one  hundred  and  ninety  dollars ;  if  ten 
thousand  dollars  and  under  fifteen  thousand  dollars,  two  hundred  and 
forty  dollars  ;  if  fifteen  thousand  dollars  and  under  twenty  thousand 
dollars,  two  hundred  and  eighty  dollars ;  if  twenty  thousand  dollars 
and  under  thirty  thousand  dollars,  three  hundred  and  fifty  dollars ; 
if  thirty  thousand  dollars  and  under  fifty  thousand  dollars,  five  hun- 
dred and  twenty  dollars ;  and  if  over  fifty  thousand  dollars,  twenty- 
five  dollars  for  every  ten  thousand  dollars  excess  over  the  said  sum 
of  fifty  thousand  dollars.  In  addition  to  the  amount  herein  required 
to  be  paid  upon  taxable  sales,  there  shall  also  be  paid  a  license  tax 
of  three-tenths  of  one  per  centum  upon  the  amount  of  all  articles 
sold  by  said  merchant  for  others,  whether  such  goods  be  agricultural 
productions,  or  other  articles  exempted  in  the  hands  of  the  producer 
Not  to  sell  at  or  owner  from  taxation  or  otherwise.  If  any  merchant  is  about  to 
to  c^e  buriness  close  out  and  discontinue  his  business,  he  may  sell  the  same  by  auo- 
tion ;  but  under  no  other  circumstances  shall  he  sell  by  auction,  un- 
less he  obtain  a  license  as  auctioneer.  But  nothing  contained  in  thie 
section  shall  be  construed  to  authorize  any  such  person  to  sell  wine, 
ardent  spirits,  or  a  mixture  thereof. 


License  tax  to 
be  had  for  sell- 
ing ar.ticleg  for 
others 


USercfiacts' 


Merchants''  permission  to  sell  ardent  spirits. 
40.  In  every  ease  in  which  the  license  to  a  merchant  or  mercan- 


FINANCIAL. TAXES.  15 

tile  firm  includes  permission  to  sell  wine,  ardent  spirits,  or  a  mixture  license  to  sell 
thereof,  porter,  ale  or  beer,  by  wholesale  and  retail,  or  by  retail  only,  ardent  sPmt8 
if  such  merchant  or  firm  sell  by  wholesale  and  retail,  or  by  wholesale 
only,  an  additional  tax  of  two  hundred  and  fifty  dollars ;  and  on  the  Tax  on  sales  of 
amount  of  such  sales  within  the  year  next  preceding,  there  shall  be  pr°CL  ™e  y<w   • 
a  tax  of  two  and  one-half  per  centum  on  the  amount  of  such  sales 
for  the  year  next  preceding  the  time  of  obtaining  said  license,  in  ad- 
dition to  the  specific  tax  imposed  as  aforesaid ;  but  said  sales  shall 
not  be  estimated  in  ascertaining  the  amount  of  a  merchant's  license, 
except  where  such  merchant  fails  to  take  out  a  license  to  sell  ardent 
spirits ;  in  which  case,  the  sales  of  liquors  for  the  preceding  year 
shall  be  estimated  as  part  of  the  sales  of  merchandise,  whether  such 
liquors  were  sold  under  a  license  or  not,  and  on  such  part  of  his  sales 
there  shall  be  an  additional  tax  of  ten  and  one-half  per  centum. 

Merchant  tailors  and  others. 

41.  Merchant  tailors,  lumber  merchants  and  dealers  in  coal  or  Merchant 
wood,  shall  obtain  license  as  merchants,  and  be  assessed  and  taxed 
thereon  as  other  merchants  are  by  the  preceding  sections  of  thjs  act, 

and  shall  be  subject  to  like  penalties  for  conducting  such  business 
without  a  merchant's  license,  except  that  any  captain  or  other  per- 
son having  the  command  or  control  of  any  vessel,  shall  not  be  re- 
quired to  take  out  a  license  to  sell  wood  by  retail  from  such  vessel.. 

Commission  merchants. 

42.  The  tax  on  every  license  to  a  commission  merchant,  forward-  Commission 
ing  merchant  or  ship  broker,  shall  be  one  hundred  dollars  each  for 
commencing  business ;    and  if  to  continue  such  business  after  the  Additional  tax . 
same  has  been  carried  on  for  one  year,  the  tax  on  such  license  shall  business"'11135 
be  five  per  centum  on  the  amount  of  all  commissions  of  every  kind 

received ;  and  this  tax  shall  be  in  addition  to  such  tax  as  may  be  im- 
posed on  a  license  to  such  merchant  or  firm  to  sell  goods,  wares  or 
merchandise.  All  goods  consigned  to  any  such  commission  mer- 
chant or  forwarding  merchant,  whether  such  goods  be  agricultural 
productions,  or  other  articles  exempted  in  the  hands  of  the  producer 
or  owner  from  taxation,  Shall  be  included  as  subjects  of  taxation, 
under  the  provisions  of  this  section. 

General  auctioneers. 

43.  On  every  license  to  an  auctioneer  or  vendue  master  to  sell  General  auc- 
goods,  wares  and  merchandise  at  public  auction,  sixty-five  dollars ; 

and  if  the  place  of  business  be  in  a  town  containing,  when  assessed, 
a  population  of  three  thousand  inhabitants,  eighty  dollars;  if  the 
population  exceed  three  thousand,  an  additional  tax  of  forty  dollars 
for  every  thousand  persons  above  that  number,  and  at  that  rate  for 
any  fractional  excess  less  than  one  thousand ;  but  such  license  shall 
not  authorize  the  sale  of  slaves  or  real  estate  at  auction.    On  every  For  continuing 

business 


FINANCIAL. TAXES. 


Where  salep  to 
be  made 


license  to  an  auctioneer  or  vendue  master  in  this  section  mentioned, 
to  continue  the  business  after  the  same  has  been  carried  on  for  a 
year,  there  shall  be  an  additional  tax  of  five-eighths  of  one  per  cen- 
tum on  the  amount  of  taxable  sales  of  such  auctioneer  or  vendue 
master  for  the  preceding  twelve  months.  But  no  sale  shall  be  made 
at  an)'  place  other  than  the  house  named  in  the  license  as  the  place 
of  business,  or  at  such  other  place  as  the  person  owning  the  property 
is  authorized  to  sell  the  same ;  but  this  prohibition  shall  not  apply  to 
cargo  sales,  or  the 'property  of  persons  closing  out  business  for  which 
they  have  a  license ;  and  no  goods  shall  be  consigned  to  such  auc- 
tioneer for  sale,  unless  the  owner 'thereof  has  obtained  a  merchant's 
license  for  a  period  as  long  as  one  whole  year. 


Negro  atic- 
tiouearg 


Negro  auctioneers. 

44.  On  every  license  to  an  auctioneer  or  vendue  master  to  sell 
slaves  at  public  auction,  sixty-five  dollars ;  and  if  the  place  of  busi- 
ness be  in  a  town  containing  a  population  of  three  thousand  inhabi- 
tants, eighty  dollars ;  if  the  population  exceed  three  thousand,  an 
additional  tax  of  forty  dollars  for  every  thousand  persons  above  that 
number,  at  the  time  of  making  the  assessment,  and  at  that  rate  for 
any  fractional  excess  less  than  one  thousand.  On  every  license  to 
an  auctioneer  or  vendue  master,  in  this  section  mentioned,  to  con- 
tinue the  business  after  the  same  has  been  carried  on  for  a  year,  an 
additional  tax  of  one-half  of  one  per  centum  on  the  amount  of  tax- 
able #ales  of  such  auctioneer  or  vendue  master. 


Real  estate  auctioneers. 

Bvai  estate  45.  On  every  license  to  an  auctioneer  or  vendue  master  who  deals 

exclusively  in  real  estate,  sixty-five  dollars ;  and  if  the  place  of  busi- 
ness be  in  a  tov/n  containing  a  population  of  three  thousand  inhabi- 
tants, eighty  dollars;  if  the  population  exceed  three  thousand,  an 
additional  tax  of  forty  dollars  for  every  thousand  persons  above  that 
number,  and  at  that  rate  for  any  fractional  excess  less  than  one  thou- 
sand. On  every  license  to  an  auctioneer  or  vendue  master  in  this 
section  mentioned,  to  continue  the  business  after  the  same  has  been 
carried  on  for  a  year,  an  additional  tax  of  one-half  of  one  per  centum 
on  the  amount  of  taxable  sales. of  such  auctioneer  or  vendue  master. 
"Taxable  sales,"  in'  this  and  the  twd  preceding  sections,  shall  be 
construed  to  embrace  all  sales  made  by  such  auctioneers  or  vendue 
masters,  whether  such  sales  be  public  or  private :  provided,  that  such 
tax  on  private  sales  shall  not  apply  to  cases  where  the  merchant's 
tax  is  payable  on  said  sales. 

"  Common  crier.* 

Common  crier  46.  On  every  license  to  a  common  crier,  if  in  a  town  of  more  than 
one  thousand  inhabitants,  twenty-five  dollars ;  but  he  shall  not  be 
authorized  to  aet  in  the  sale  of  any  property  belonging  to  any  person, 


Taxable  sales,' 
how  construed 


FINANCIAL. TAXES.  •  17 

-unless  such  owner  is  authorized  to  sell  such  property  without  a  license, 
or  has  obtained  license  to  do  so. 

Sample  merchants, 

47.  On  every  license  to  sell  goods  by  sample,  card  or  other  repre-  Sample  m'er- 

i  '  chants 

sentation,  five  hundred  dollars.    ■ 

Telegraph  companies. 

48.  On  every  license  to  a.  telegraph  company  to  operate  within  Telegraph  eom- 
this  state,  one  hundred  and  sixty-five  dollars;  and  on  the  business  of 

the  preceding  year,  an  additional  tax  of  two  and  a  half  per  centum 
en  the  gross  receipts  received  or  contracted  to  be  received  by  such 
company  for  business  done  within  the  year  next  preceding  the  time 
of  obtaining  license. 

Patent  rights, 

49.  On  every  license  to  sell  or  barter  the  right  to  manufacture  or  Patent  rights 
use  any  machinery  or  other  thing  patented  to  any  person  or  company, 

under  the  laws  of  the  Confederate  States,  twenty-five  dollars  in  each 
county;  and  no  merchant  shall  sell  the  same  without  an  additional 
license  and  the  payment  of  the  tax  prescribed  by  this  section.  But 
patentees  who  are'eitizens  of  Virginia  shall  not  be  subject  to  the  tax 
imposed  by  this  section. 

Medicines. 

50.  On  every  license  to  sell  medicines,  if  by  retail,  sixty-five  dol-  Medicines 
lars;  and  if  by  wholesale,  one  hundred  and  twenty-five  dollars.     A 
person  having  a  merchant's  license  may  sell  medicines  without  any 
additional  license,  unless  the  same  be  sold  on  a  commission;  in  which 

case,  the  additional  license  and  tax  shall  be  imposed.     Such  license  •     , 

shall  continue  to  be  construed  not  to  authorize  the  sale  of  ardent 
spirits  by  prescription  or  otherwise. 

Bool:  agents. 

51.  On  every  license  to  a  person  obtaining  subscriptions  to  books,  Eook  agents    • 
maps,  prints,  pamphlets  or  periodicals,  sixty-five  dollars  for  each     • 
county,  city  or  town.     On  every  license  to  sell  or  in  any  manner  fur- 
nish the  same,  sixty-five  dollars.    If  the  person  obtaining  such  license 

has  not  been  a  resident  of  the  Confederate  States  two  years,  the  tax 
shall  be  in  each  case  five  hundred  dollars.  But  any  person  who  ha3 
been  a  resident  of  the  Confederate  States  for  two  years,  desiring  to 
distribute  or  sell  any  religious  books,  newspapers  or  pamphlets,  may 
apply  to  the  county  or  corporation  court  of  each  county,  city  or  town 
in  which  he  may  desire  to  distribute  or  sell  the  same ;  and  such  court, 
upon  being  satisfied  that  such  person  is  a  proper  person  for  such  duty, 
may  grant  him  a  license  without  the  imposition  of  any  tax  for  the 
privilege ;  but  this  section  shall  not  apply  to  books,  newspapers  or 
pamphlets  written  by  citizens  of,  or  published  in  the  Confederate 
States. 


18 


FINANCIAL.-"~TAXES« 


Agents  for  rent- 
ing houses 


Agents  for 
hiring  negroes 


St-allions 


Agents  for  renting  houses. 

52.  On  every  license  to  a  person  engaged  as  agent  for  the  renting' 
of  bouses,  one  hundred  and  twenty-five  dollars. 

Agents  for  hiring  negroes,, 

53.  On  every  license  to  a  person  engaged  as  agent  for  the  hiring 
of  negroes,  one  hundred  and  twenty-five  dollars. 

Stallions. 

54.  On  every  license  to  the  owner  of  a  jackass  or  stallion,  for  ser- 
vices of  which  compensation  is  received,  three  times  the  amount  of 
such  compensation,  when  the  charge  is  for  such  service  by  the  sea* 
son;  and  when  such  services  are  for  less  than  a  season,  then  three 
times  what  a  commissioner  may  judge  to  be  a  reasonable  .charge 
therefor;  the  tax,  however,  in  no  case  to  be  less  than  fifteen  dollars. 
Such  license  shall  authorize  the  performance  of  such  services  in  any 

part  of  the  commonwealth. 

• 

Theatrical  'performances. 

Theatres  55.   On  every  license  permitting  the  proprietor  or  occupier  of  a 

public  theatre,  or  rooms  fitted  for  public  exhibitions,  to  use  the  stfme 
for  the  year,  if  such  room  be  in  a  town  or  city  of  more  than  five 
thousand  inhabitants  and  less  than  ten  thousand  inhabitants,  fifty 
dollars;  and  in  all  towns  containing  more  than  ten  thou>3and  inhabi- 
tants, one  hundred  and  fifty  dollars;  and  it  shall  not  be  lawful  to  ex- 
hibit such  performances  in  any  other  than  a  licensed  house  in  such 

Taxfor  twenty- towns;  and  on  every  license  permitting  theatrical  performances 
therein  for  twenty-four  hours,  fifteen  dollars ;  but  a  license  may  be 
granted  permitting  theatrical  performances  for  the  term  of  one  week; 
in  which  case,  the  tax  shall  be  twenty  dollars  during  said  last  men- 
tioned time;  and  on  a  license  to  continue  such  performances  in  auch 
houses,  there  shall  be  an  additional  tax  of  ten  cents  on  each  person 
who  shall  have  attended  the  exhibitions  during  the  time  the  laat  pre- 
ceding license  continued;  but  if  the  commissioner  shall  apprehend 
that  the  license  will  not  be  renewed  at  the  end  of  the  week,  he  may 
refuse  the  license  for  a  longer  period  than  twenty-four  hours. 

»  Refreshments  in  theatres. 

56.  On  every  license  permitting  the  sale  of  refreshments  in  a  the- 
atre during  such  performances,  eighty-four  "dollars  for  each  place  of 
sale,  and  no  abatement  shall  be  made,  if  the  privilege  be  exercised 
for  a  period  less  than  one  year.  But  such  license  shall  not  include 
the  privilege  of  selling  wine,  ardent  spirits,  or  a  mixture  thereof, 


Refreshments  in 
theatres 


Sales  of  ardent  spirits  in  a  theatre. 
Sole,  of  ardeni        57.  On  every  license  permitting,  the  sale  of  wine,  ardent  spirits* 


FINANCIAL. — TAXES*  •  H 

*QT  a  mixture  tliereof,  porter,  ale  or  beer,  at  a  theatre,  to  be  drank  at  spirits  in  th-ea 
the  place  where  sold,  two  'hundred  and  fifty  dollars  for  each  place  of 
-sale;  and  no  abatement  shall  be  made,  if  the  privilege  be  exercised- 
for  a  period  less  than  one  year, 

PuMic  shoi?s,  drowses  an'S  "ihen&geries*  ' 

58.  On  every  license  permitting  any  public  show,  exhibition  or  Shows 
performance  other  than  the  drama,  whether  in  a  licensed  house  or 
toot,  if  in  a  corporate  town,  or  within  five  miles  thereof,  for  each  time 

'■of  performance,  twenty-five  dollars;  if  elsewhere,  fourteen  dollars; 
and  for  every  exhibition  of  a  circus,  if  within  a  corporate  town,  or  Circusee 
within  Eve  miles  thereof,  one  hundred  dollars ;  if  elsewhere,  fifty  dol- 
lars; and  for  every  exhibition  ef  a  menagerie,  if  within  a  corporate  Menageries 
town,  or  within  five  miles  thereof,  one  hundred  dollars ;  if  elsewhere, 
fifty  dollars.  All  such  shows,  exhibitions  and  performances,  whether 
under  the  same 'canvas  or  not,  shall  be  construed  to  require  separate 
-licenses  therefor,  whether  exhibited  for  compensation  or  net;  and 
upon  any  such  shows," exhibitions  and  performances  being  concluded, 
so  that  an  additional  fee  for  admission  be  charged,  in  lieu  of  a  return. 
.  check  authorising  the  holder  to  re-enter  without  charge,  such  addi- 
tional admission  lee  shall  be  construed  to  require  an  additional  license 
therefor. 

Meiyiufatiurers  of  potter,  ale  and  beer. 

59.  On  jevery  license  to  manufacture  porter,  ale  aatel  beer,  or  either  Manufacture  » 
$>f  them,  one  hundred  and  twenty-five  dollars,  beer  ' 

S&.le  of  porter,  tie  and  beet.  5 

60.  On  every  license  to  sell  porter,  ale  or  beer,  by  wholesale  or  Sale  of  port**, 
detail,  except  in  towns  whose  population  exceeds  five  thousand,  one 
'hundred  dollars;  in  towns  whose  population  does  not  exceed  'five 
thousand,  and  elsewhere,  fifty  dollars;  and  if  the  business  be  con- 
tinued for  more  than  one"  year,  an  additional  tax  of  five  per  cefltum 

on  the  amount  of  sales  of  the  previous  year.  But  if  the  license  be 
to  retail,  to  be  drank  where  sold,  it  shall  be  granted  upon  the  certifi- 
•eate  of  the  county  or  corporation  court,  in  every  respect  as  certificates 
are  granted  to  ordinary  keepers  and  merchants  to  retail  ardent  spirits,, 

Brokers-. 

61.  On  every  license  to  a  broker  who  deals  in  stocks,  bank  notes,  Brakers 
gold  or  silver  coin,  foreign  or,  domestic  exchange,  e?  in  securities  of 

;any  kind,  one  thousand  seven  hundred  dollars.  A  broker  shall  have 
the  right  to  sell  stacks  at  auction  or  otherwise ;  arid  any  person  who 
may  sell  stocks,  gold  or  silvercoin,  batik  notes,  treasury  notes,  foreign 
or  domestic  exchange,  shares  in  any  corporation  or  chartered  com- 
pany, certificates  of  debt  due  hy  the  Confederate  States,  or  by  any 
state  or  corporation  or  chartered  company,  or  securities  of  any  kind* 
on  com  mission,  shall  be  regarded  as  a  broker, 


20 


FINANCIAL. TAXES, 


Insurance  companies, 

insurance  com-       62.   On  every  license  to  an  agent  or  sub-agent  of  any  insurance 
company,  not  chartered  by  this  state,  sixty-four  dollars. 


Physician*, 
tists  and  at 


den 
tor- 


Physicians  and  others. 

63.  On  every  license  to  a  physician,  surgeon  or  dentist, 'fourteen 
dollars  each ;  and  on  every  license  to  an  attorney  at  law.  fourteen 
dollars.  If  the  yearly  income  derived  from  the  practice  of  any  such 
callings  or  professions,  during  the  year  nest  preceding  the  time  of 
obtaining  such  license,  shall  exceed  five  hundred  dollars,  there  shall 
be  an  additional  tax  on  the  excess  of  two  and  a  half  per  centum ; 
and  this  income  shall  be  included  in  the  license  tax.  A  license  to 
any  such  person" shall  confer  on  him  the.  privilege  of  practicing  such 
profession  in  any  part  of^the  commonwealth. 


Daguerreian 


Dagucrreian  artists. 

64.  On  every  license  to  exercise  the  daguerreian  art,  or  such  like 
profession  or  performance,  by  whatever  name  it  may  be  known  or ' 
called,  if  in  a  city  or  incorporated  town  of  less  than  five  thousand 
inhabitants,  fifty  dollars;  if  more  than  five  thousand  inhabitants, 
one  hundred  dollars ;  if  elsewhere,  twenty-five  dollars.  And  if  the 
yearly  income  derived  from  the  practice  of  said  art  exceed  five  hun- 
dred dollars  in  any  county,  city  or  town,  an  additional  tax  of  tw*> 
and  a  half  per  centum  on  such  excess  for  the  year  next  preceding 
the  time  of  obtaining  such  license ;  and  such  tax  shall  be  imposed, 
whether  an  artist  perform  in  a  gallery  or  not.  If  more  than  one 
person  be  engaged  in  the  joint  exercise  of  such  profession  or  per- 
formance in  the  same,  gallery,  the  tax  shall  not  be  imposed  upon  each 
artist,  but  upon  the  gallery. 

Horses,  mules,  Sfc.  sold  for  profit. 

65.  On  every  license  to  sell  for  others,  on  commission  or  for  profit, 
horses,  mules,  asses,  jennets,  cattle,  sheep  and  hogs,  or  either  of 
them,  fifty  dollars ;  and  the  sale  may  be  made  under  such  license  in 
any  county  or  corporation. 

Carriages,  buggies  and  Other  vehicles. 

Carriage;,  bug-  ^-  On  every  license  to  sell  carriages,  buggies,  barouches,  gigs, 
factured  ontnof  au<*  suca  ^e  vehicles,  manufactured  out  of  this  state,  one  hundred 
state  an(j  twenty-five  dollars  in  each  county  or  corporation.     If  the  busi- 

ness be  continued  after  the  same  has  been  carried  on  for  a  year,  tin- 
tax  shall  be  on  the  amount  of  sales,  in  addition  to  the  specific  tax, 
as  on  merchants'  licenses.  But  this  section  shall  not  be  so  construed 
as  to  exempt  persons  from  taxation  who  may  put  together  the  prin- 
cipal parts  of  such  vehicles  as  may  be  manufactured  out  of  this  state 


Sailing  horses, 
males,  &e.  for 
profit 


FINANCIAL. — TAXES.  '     21 


Slaves  bought  or  sold  for  profit. 

67.  Ou  every  license  to  buy  or  sell  slaves  on  commission  or  for'siaves  bought 
'profit,  other  than  at  public  auction,  thirty-five  dollars  in  each  county  ; 

and  on  the  yearly  income  of  such  business  in  all  the  counties  (to  be 
taxed  but  once),  an  additional  tax  of  two  and  a  half  per  centum  on 
such  income.  If  the  sale  be  made  by  an  auctioneer,  no  additional 
license  from  him  shall  be  required  for  that  purpose. 

Barbers, 

68.  On  every  license  to  keep  a  barber's  shop,  twenty  dollars  ;  and  Barbers 
for  every  person  above  one  engaged  or  employed  therein,  ten  dollars. 

The  number  to  be  engaged  or  employed  shall  be  specified  in  the 
Hcense.  For  any  violation  of  this  section,  the  person  licensed  and 
so  offending,  shall  forfeit  twenty  dollars  for  each  offence.        f 

HawTcers  and  peddlers. 

69.  On  every  license  to  a  hawker  or  peddler  to  deal  in  goods,  Hawkers  and 


wares  and  merchandise,  two  hundred  and  ■  fifty  dollars :  provided, 
however,  the  hawker  and  peddler  to  be  taxed  under  this  section, 
shall  first  obtain  from  the  county  or  corporation  court,  within  whose 
jurisdiction  the  said  license  is  intended  to  be  used,  a  certificate  that 
the  applicant  is  a  loyal  citizen  of  some  one  of  the  Confederate  States, 
and  has  been  a  resident  of  this  state  for  two  years,  and  of  the  county, 
city  or  town  for  one  year  next  preceding  the  granting  of  said  certi- 
ficate. 

To  whom  not  to  be  issued. 


peddlers 


70.   No  license  shall  be  granted  to  a  married  woman,  unless  she  When  married 
r<hall  be  living  separate  and  apart  from  her  husband,  or  unless  her  licensed 
husband  would  be  entitled  to  take  out  a  license  in  his  own  name. 


Licenses  to  miners  and  manufacturers. 

.  71.  The  commissioners  of  the  revenue  shall,  on  or  before  the  Miners  and 
thirtieth  day  of  Apnl  eighteen  hundred  and  sixty-three,  and  on  or 
before  the  thirty-first  day  of  January  iia  each  succeeding  year,  de- 
liver a  certificate  of  a  license,  and  the  tax  to  be  paid  therefor,  to 
every  person,  firm,  company  or  corporation,  for  the  privilege  of  car- 
rying on  any  of  the  occupations  following,  viz ; 

Mining  for  coal,  iron,  or  other  ores 'and  minerals,  and  the  sale  of  Coal,  iron,  &c 
the  products  thereof. 

The  manufacture  and  sale  of  salt,  iron  and  other  metals,  and  the  Salt,  &e 
sale  of  salt  water  and  copperas. 

The  manufacture  and  sale  of  cotton  and  woolen  fabrics  made  by  Cotton  and 
the  use  of  machinery  worked  by  steam  or  water  power. 

The  manufacture  and  sale  of  paper  of  all  kinds..  Paper 

"The  manufacture  and  sale  of  leather.  Leather 


a* 


FINANCIAL. — TAXES* 


Boots,  shoes,  &c      The  manufacture  ami  sale  of  'boots,  shoes  and  the  like. 

pionr  The  maaufacture  and'  sale  of  flour  from  grain  not  raised  nor  re- 

ceived as  toll  for  grinding  by  the  miller. 

when  licenses  The  said  licenses  sha!'  terminate  on  the-  thirty-first  day  of  January 
eighteen  hundred  and  sixty- four. 


Penalty  for  fail 
are  to  obtain 
lieonsa 


Tax  on  business 
ef  preceding 


72.  Any  person,  firm,  company  or  corporation  carrying  on  any 
such  occupation  after  the  thirtieth  day  of  April  eighteen  hundred} 
and  sixty-three,  without  having  first  obtained  a  license  therefor,  shall 
forfeit,  for  each  day  it  may  be  done,  not  less  than  fifty  dollars  nor  • 
•  more  than  five  hundred  dollars;  to  be  recovered  by  motion  in  the- 
circuit  court  of  the  county  wherein  the  offence  shall  he  committed, 
or  in  the  circuit  court  of  the  city  of  Richmond :  provided,  that  a 
mechanic  who  manufactures  boots  and  shoes,  and  sells  the  articles  ol 
Ms  manufacture  only  to  persons  for  their  own  use  and  consumption* 
shall  not  be  required  to  ©Jstain  a  license  andes  this  aet. 

"  73.  When  the  business  for  which  a  license- issues  under  this  sec- 
tion shall  have  been  carried  on  during  the  yeai'  ending  on  the  thirty-  . 
first  of  January  eighteen  hundred  and  sixty-t&ree,  by  the  person,, 
firm,  company  or  corporation  obtaining  it,  or  by  any  other  person,, 
firm,  company  or  corporation,  at  the'  place  or  an  the  property  where 
it  shall  be  licensed  for  the  coming  year,  the  commissioner  of  the 
revenue  shall  assess  the  taa  upon  such  license  at  ten  per  centum  upon 
so  much  of  the  net  profits  of  the  business  during  the  year  so  ending- 
on  the  thirty-first  of  January  eighteen  hundreds  and  sixty-three,  as- 
exceeds  three  thousand  dollars ;  and  if  the  business  has  only  been 
earned  on  for  a  part  of  the  year  preceding  the  said  thirty-first  day  of 
January  eighteen  hundred  and  sixty-thsee,  then  the  commissioner- 
shall  ascertain  the  taxable  products,  by  adopting  the  same  for  such 
.part  of  the  year  as  a  basis  for  ascertaining  the  same  for  the  entire- 
year.  ' 

74.  When  the  person,  firm,  company  or  corporation,  obtaining  a 
license  under  this  se&tion,  is  commencing  business,  and  no  other- 
person,  firm,  company  or  corporation  'has  carried  on  business  fai-  the- 
year  ending  January  thirty-first,  eighteen  hundred  and  sixty-three,  as  • 
aforesaid,  the  commissioner  of 'the  revenue  shall  assess'  the  tax  on 
such  license  at  one  per  eentsm  upon  the  present  value  of  the  real/, 
and  personal  property,  including  capital  employed  in  the  business  so. 
to  be  commenced,  and  shall  take  an  obligation  from  the  licensed) 
person,  firm,  company  or  corporation,  with  approved  security,  cove- 
nanting to  pay  into  the  treasury,  at?  the  end  of  the  license  year,  ten 
per  centum  upon  the  net  profits  of  the  business  during  the  said? 
license  year,  less  the  tax  of  one  per  cenlum  to  be  assessed  as  afore- 
said at  the  time  of,  and  to  be  paid  before  the  granting  of  said  license  r. 
but  any  tax  on  the  capital  invested  in  the  trade  or  business  in  respect 
to  which  any  license  is  required  by  this  section,  shall  be  deducted 
from  the  amount  of  tax  imposed  by  this  section,  and  the  residue  shaft 
Bands  to  be  re-  be  the  tax  assessed  upon  such,  license.    The  commissioner  of  &e  - 


Tax  on  persons 
eommencing- 

twain  ess 


Bsgmnera  to 
give  bond  for 
aaraocnt  of  ta 


'      FINANCIAL. — TAXES,  23 

■revenue  shall  return  all  such, obligations  to  the  auditor  of  public  ac-  turned  to  andi- 

counts,  within  thirty  days  after  they  may  be  executed,  and  for  failure  ° 

so  to  do,  shall -forfeit  the  sum  .of  five  hundred  dollars. 
► 

75.  At  -the  close  of  the  license  year  the  auditor  shall  proceed  How  forfeits 
against  the  parties  to  said  obligations,  in  the  cireuit  court  of  Rich-  recovere 
mond  city,  in  the  same  manner  as  provided  for  against  defaulting 
collectors  of  the  public  revenue,  and  shall  be  entitled  to  recover  the 

amount  of  the  tax  thereby  covenanted  to  be*  paid  into  the  treasury 
as  aforesaid. 

76.  The  certificate  by  the  commissioner  of  the  revenue  of  the  tax  what  eonsu- 
to-be  paid,  and  that  the  obligation  required  in  the  eases  aforesaid  has  u  eB  a  weniKJ 
been  duly  executed,  with  the  receipt  of  the  tax  by  the  collecting  offi- 
cer, shall  be  deemed  to  constitute  a  license  undc-r  this  seetion. 

77.  If  any  "person,  firm,  company  or  corporation  shall,  without  penalty  for  fait 
■obtaining  the  license  hereby  required,  carry  on  any  business  herein  nc^nH0°btaia 
mentioned,  the  commissioner  of  the  revenue  shall,  as  in  other  cases, 

assess  four  times  the  tax  prescribed  by  this  seetion  against  such  per- 
son, firm,  company  or  corporation.  • 

* 
7$.   The  auditor  shall,  for  good  cause  to  him  shewn,  have  full  Auditor  to  re- 
power  to  reform  any  assessment  under  this  seetion,  and  to  require  a  menfof38688" 
■  new  obligation,  with  additional  security,  where  the  original  is  deemed 
•insufficient,  and  may.appoint  a  special  agent  to  make  a  new  assess- 
ment and  take  a  new  obligation ;  and  thereupon  the  original  assess- 
ment shall  be  set  aside,  and  the  license  granted  shall  cease.  . 
» 

79.  If  the  commissioner  ©f  the  revenue  shall  make  a  false  eertifi-  penalty  for  faUo 
cate,  or  take  an  insufficient  obligation  in  the  eases  required,  he  and  commissioner 
his  sureties  shall  be  liable  for  all  loss  and  damage  therefrom  on  his 

official  bond,  and  the  recovery' against  him  shall  not  be  limited  by 
the  penalty  thereof:  provided,  that  no  person,  firm,  company  or  cor- 
poration engaged  in  any  business,  trade  or  calling  embraced  in  this 
section,  shall  be  taxed  under  the  section  of  this  act  imposing  a  tax  of 
sten  par  eentum  upon  net  income. 

General,  provisions. 

Tax  on  corporations. 

80.  No  private  act  of  assembly  on  which  a  tax  is  imposed,  shall  Tax  on  corpora- 
be  published,  nor  any  copy  thereof  furnished  to  any  person,  until tI0ns 

the  party  asking  and  requiring  the  same  shall  have  paid  into  the 
treasury  of  the  commonwealth  the  taxes  prescribed  by  law ;  and  it 
shall  be  the  duty  of  the  keeper  of  the  roils  to  publish,  with  the  acts 
of  assembly  of  each  session,  all  acts  upon  which  the  tax  prescribed 
by  law  has  been  paid  into  the  treasury  since  the  last  publication 
thereat 


24 


FINANCIAL. — TAXES. 


Tax  tickets, 
when  made  out 


Penalty  for  fail- 
ing to  obtain 
license 


Limit  anon  of 
Uc4nae 


Where  license  to 
>»e  exercised 


When  lax  tickets  to  be  made  out  by  commissioners. 

81.  After  the  first  day  of  February  and  until  the  first  day  of  July, 
in  each  year,  and  until  the  delivery  of  the  commissioner's  books-  to 
the  sheriff  or  collector  of  any  county,  if  the  same  be  delivered  after 
the  first  day  of  July,  it  shall  be  lawful  and  the  duty  of  every  com- 
missioner of  the  revenue  to  make  out  tickets  showing  the  amount  of 
taxes  which  will  be  chargeable  on  his  books  when  completed,  against 
any  person  whom  he  has  reasonable  ground  to  suspect  is  about  "to 
depart  from  his  county  before  the  first  day  of  July,  or  before  the  de- 
livery of  said  books  to  said  sheriff  or  collector.  Upon  the  delivery 
of  such  tickets,  the  sheriff  or  collector  shall  be  authorized  to  make 
immediate  distress  for  the  taxes  therein  specified,  and  to  use  all  the 
remedies  for  the  collection  of  such  taxes,  as  are  now  given,  after  the 
first  day  of  July,  upon  the  delivery  of  the  commissioner's  books. 

Penalty  for:  failure  to  obtain  license. 

82.  Whenever  a  tax  is  imposed  by  law  on  a  license  to  engage  m 
any  business,  calling  or  profession,  it  shall  be  lawful  to  obtain  a 
license  as  in  similar  cases;  and  it  shall  be  unlawful  to  engage  ia 
such  busiuess,  calling  or  profession  without  obtaining  a  license  there- 
for. Any  person  who  shall  in  any  manner  violate  this  section,  or 
any  section  of  this  act  for  which  no  specific  fine  is  imposed,  shall  pay 
a  fine  of  not  less  than  twenty  nor  more  than  one  thousand  dollars 
for  each  offence. 

Limitation  of  license. 

83.  No  license  shall  be  construed  to  'grant  any  privilege  beyond 
the  county  or  corporation  wherein  it  is  granted,  unless  it  be  expressly 
authorized. 

Where  licensed  privilege  to  be  exercised. 

84.  Every  license  granting  authority  to  sell,  unless  the  license  be- 
specially  authorized  by  law  for  a  county  or  corporation,  shall  be  ai 
some  specified  house  or  place  within  such  county  or  corporation. 


When  forms  for  tax  payers  to  be  furnished. 

when  forms  fur-  85.  If  a  commissioner  of  the  revenue  shall  have  been  furnished 
noshed  tax  pay-  ^j^  forms  for  £ax  payers,  he  shall  distribute  the  same,  or  as  many 
as  may  be  furnished,  amongst  the  tax  payers  to  be  found  in  his  dis- 
trict, as  prescribed  by  the  sixty-fifth  section  of  chapter  thirty-five  of 
the  Code.  He  shall  require  answers  according  to  said  section,  and 
with  his  books  shall  transmit  said  forms  to  the  auditor  of  public  ac- 
counts, if  required  by  him;  and  the  auditor  may  furnish  as  many 
such  forms  as  he  may  think  necessary. 

Market  value  of  stocks  to  be  taxed. 
stocks. taxed  at      86.   In  all  cases  where  this  act  imposes  a  tax  on  any  public  bond. 

market  valu^ 


FINANCIAL. — TAXES.  25 

including  the  bonds  of  incorporated  companies,  or  on  any  stock,  in 
lieu  of  a  tax  on  the  interest  or  profits  thereof,  the  commissioner  shall 
assess  the  cash  market  value  of  such  bond  or  stock. 

When  double  tax  to  be  imposed. 

87.   Any  person  continuing  business  after  any  license  obtained  by  -\vhen  double     • 
him  shall  have  expired,  without  obtaining,  on  or  before  the  day  his  p0^ed° 
former  license  so  expired,  a  license  for  the  succeeding  term,  shall 
be  assessed  with  twice  the  amount  of  tax  otherwise  imposed  on  such 
license. 

Deduction  from  commissioner's  compensation. 
'    88.   If  a  commissioner  shall,  in  his  list  of  licenses  to  be  furnished  when  deduc- 

,.  ,  -,  .  tions  from  com- 

to  the  auditor  ol  public  accounts,  charge  or  extend  in  any  case  a  tax  missioner's  com- 
less  than  the  law  requires,  the  auditor  of  public  accounts  shall  de-  made 
duct  the  amount  omitted  to  be  charged  or  extended,  from  the  com- 
pensation of  the  commissioner;  and  to  enable  the  auditor  to  make 
an  examination  of  such  lists,  the  commissioner  shall  return  to  him 
with  his  return  of  licenses,  all  interrogatories  which  may  have  been 
propounded  by  him,  under  the  direction  of  the  auditor  of  public  ac- 
counts, and  answered.' 

Slaves  and  similar  subjects,  how  taxed. 

89.  The  number  of  slaves  and  the  "value  thereof  shall  be  listed  Slaves,  &c.  how 
by  the  commissioners,  and  taxed  according  to  their  value,  to  the 

hirer  or  person  in  possession  thereof  on  the  fii'st  day  of  February. 
But  taxes  on  slaves  carried  away  or  escaping  from  the  owner  or  hirer 
to  the  public  enemy,  and  not  recovered,  may  be  exonerated  in  the 
same  manner  that  taxes  erroneously  assessed  may  be  exonerated ; 
and  an  order  of  exoneration  shall  have  the  same  effect,  in  all  respects, 
as  if  it  had  been  made  exonerating  or- refunding  »taxes  erroneously 
assessed;  and  all  subjects  of  taxation  required  to  be  listed  under  the 
provisions  of  the  thirty-fifth  and  thirty-eighth  chapters  of  the  Code, 
and  not  specially  taxed  herein,  shall  be  listed  and  taxed  as  similar 
subjects,  according  to  the  forms  furnished  by  the  auditor  of  public 
accounts. 

Value  of  lands  and  lots  generally  not  to  be  changed. 

90.  The  value  of  lands  and  lots,  as  ascertained  by  the  assessment  Value  of  lands 
made  under  the  tenth  chapter  of  the  Acts  of  eighteen  hundred  and  certain  assess-1" 
fifty-five  and -eighteen  hundred  ^.nd  fifty-six,  passed  March"  tenth,  changed0*  l°  b" 
eighteen  hundred  and  fifty-six,  under  special  acts,  and  under  the 
thirty-fifth  chapter" of  the  Code,  in  respect  to  new  grants,  shall  be 
permanent  and  not  be  changed,  except  under  the  provisions  of  the 

said  thirty-fifth  chapter,  in  case  of  a  partition  or  conveyance,  and 
except  as  provided  by  this  act ;  and  the  auditor  .of  public  accounts 
may  so  far  change  the  form  of  the  commissioner's  land  book  as  to 
show  in  one  column  the  value  of  lands  and  lots,  exclusive  of  buildings. 


FINANCIAL.— TAXES. 


When  the  value  of  lands  and  lots  may  be  changed. 

Commissioner  to  91.  And  inasmuch  as  many  tracts  of  land  and  lots,  with  improve- 
gossment  iu  ments  thereon,'  situate  in  counties  invaded  by  the  public  enemy,  have 
fcywar"  WaS  e  Deen  permanently  diminished  in  yalue  by  said  invasion,  and  despoiled 
and  reduced  in  value  by  military  occupation,  and  by  the  waste  and 
violence  incident  to  war,  it  shall  be  the  duty  of  the  commissioners  of 
the  revenue  for  such  counties,  upon  the  requisition  of  the  owner  of 
any  real  property  situate  in  such  counties,  or  of  his  agent,  to  make 
a  new  assessment  of  such  real  property,  upon  the  following  basis  and 
Basis  of  new  as- mode  of  valuation,  viz:  The  commissioner  shall  deduct  from  the 
amount  at  which  such  property  stands  assessed  at  its  last  assessment,- 
such  sum  as  is  equal  to  a  -fair  estimate  of  the  permanent  diminution 
in  the  value  thereof,  caused  by  the  invasion  of  such  county,  and  of 
the  permanent  injury  and  damage  inflicted  upon  such  property  by 
military  occupation  thereof,  and  the  waste  and  violence  incident  to 
war.  In  making  which  estimate,  he  shall  appraise  and  fix  the  amount 
of  such  permanent  diminution,  injury  and  damage,  according  to  what 
would  have  been  the  standard  and  rate*  of  valuation  thereof,  if  such 
permanent  diminution,  injury  and  damage  had  been  estimated  during 
the  year  eighteen  hundred  and  fifty-six  ;  and  the  remainder  left,  after 
deducting  the  diminution,  damage  and  injury  thus  estimated,  shall 
be  the  valuation  at  which  such  property  shall  be  assessed  by  the 
commissioner.  •  » 

Redress  against  new  assessments. 

Kedress  against       92.   Any  person  feeling  himself  aggrieved  by  such  new  assessment, 
«essment n<3W  a    may  apply  to,  the  court  of  the  county  or  corporation  in  which  such 
property  is  situate,  for  a  review  of  such  assessment,  at  the  June  or 
July  term  of  said  court  succeeding  the  period  of  said  assessment : 
provided  ten  days'  previous  notice  of  such  application  be  given  to 
Case  may  be       the  commissioner  ;  and  if  from  any  cause  the  court  cannot,  in  justice 
three  terms        to  the  commonwealth  or  to  the  applicant,  adjudge  the  matter  of  com- 
plaint during  the  first  term  at  which  such  application  is  made,  the 
same  may  be  continued  for  a  period  not  exceeding  the  three  terms 
next  occurring.    If  the  court,  upon  considering  such  application,  and 
the  evidence  adduced  by  the  applicant  or  commissioner,  shall  deem 
the  assessment  made  to  be  erroneous,  it  may  declare  what  will  be  a 
How  commis-  '  just  assessment  upon  the  mode  of  valuation  above  prescribed ;  and 

sioner  to  correct,,  .     .  ,     .,  '.  ,      ,  -■      , 

his  books.  the  commissioner  shall  thereupon  correct  the  assessment  made  by 

him,  and  assess  such  property  on  Jjis  books  at  the  valuation  so  ad- 
judged by  the  court. 

Wlien  agricultural  productions  are  to  be  taxed. 

when  agrieuitu-      93.    Agricultural  productions  of  this  state,  and  provisions  in  the 

provisions3 ex-     hands  of  the  producer,  including  pork,  bacon,  beef,  poultry,  fish,  and 

empt  from  tax     ^  ot]ier  meatg)  butter,  lard,  eggs  and  such  like  marketing,  and  in. 

the  hands  of  those  who  have  purchased  the  same  for  the  use  of  their 


FINANCIAL.— TAXES*  2? 

own  household,  and  not  for  sale,  and  goods  and  materials  manufac- 
tured in  this  state,  exeept  ardent  spirits,  porter,  ale  and  beer,  shall 
be  exempt  from  taxation  as  property  while  remaining  in  the  hands        * 
of  the  producer  or  manufacturer,  and  while  such  agricultural  pro- 
ductions and  provisions,  specified  as  aforesaid,  are  held  as  aforesaid. 
Such  production,  provisions  and  manufactured  articles  may  also  be 
sold  by  "the  producer  or  manufacturer  without  a  license  tax;  but  when  subject  t» 
when  once  sold  (with  the  exception  named  in  this  section)  they  shall  •• 
be  subject  to  a  tax  as  other  property,  and  to  a  license  tax  when  there- 
after sold.     To  give  effect  to  this  section,  chapter  first,  entitled  an  Revenue  and 
act  for  the  assessment  of  taxes  on  persons  and  property,  passed  March  3tru'edt 
thirtieth,  eighteen  hundred  and  sixty,  and  chapter  second,  entitled  an 
act  making  general  regulations  concerning  licenses,  passed  March 
thirtieth,  eighteen  hundred  and  sixty,  in  cases  where  said  chapters 
might  be  otherwise  construed,  shall  be  construed  according  to  the 
provisions  of  this  section :  provided,  that  no  person  shall  be  required 
to  take  out  a  license  or  pay  any  tax  for  the  privilege  of  buying  his 
neighbor's  produce  to  take  out  of  the  county  in  his  own  vessel  or 
other  conveyance,  to  market,  or  for  selling  the  same. 

Domestic  manvfactures,  hoio  taxed. 

94.  Merchant  tailors  and  all  other  persons  manufacturing  any  pro-  Howtaxonaaie* 
duction  or  material,  except  ardent  spirits,  porter,  ale  and  beer,  the  0rs  and  others 
sale  of  which  material  would  be  prohibited  without  a  license,  shall aseertame 
only  be  charged  so  much  tax  on  the  sales  as  the  value  of  the  mate- 
rial sold  would  bear  to  the  whole  value  of  the  manufactured  articles;    - 

to  be  ascertained  upon  the -oath  of  the  person,  as  in  other  cases. 

Licenses,  how  granted ;  prohibition  of  the  sale  of  ardent  spirits,  8fC. 

95.  A  license  to  manufacture  porter,  ale  and  beer,  or  either  of  How  license  to 
them,  may  be  granted  by  the  commissioner  of  the  revemie,  as  in  SaiUiquors 
other  cases,  without  any  previous  certificate  or  order  of  the  court;  &ranted 

but  a  license  to  sell  the  same,  or  any  of  them,  and  the  privilege  of 

selling  ardent  spirits,  shall  only  be  granted  upon  the  certificate  of  the 

county  or  corporation  court,  that  the  person  to  be  licensed  is  sober 

and  of  good  character.     But  if  the  person  shall  have  commenced  or  Liability  of  per. 

continued  the  sale  of  ardent  spirits,  without  making  application  for  wnhoutUeensa 

such  license:  in  the  former  case,  he  shall  be  assessed  four  times,  and 

in  the  latter,  twice  the  amount  of  taxes  otherwise  imposed  for  a  year; 

which  shall  in  no  case  be  refunded  to  him,  unless  under  proceedings 

provided  for  by  chapter  twenty-nine  of  the  Acts  of  eighteen  hundred 

and  sixty-one,  such  assessment  is  pronounced  erroneous  by  the  court. 

Effect  -of  the  change  of  the  name  of  a  firm. 

96.  No  change  in  the  name  of  any  firm  of  merchants,,  commis- what  not  con 

i  .  .         .  ,  ..  .  sidered  com 

eion  merchants,  sample  merchants,  merchant  tailors,  auctioneers,  or  mencing  busi 
any  other  persons  who  are  taxed  upon  the  amount  of  business  or  ness 
sales  of  the  preceding  year,  nor  the  .taking  into  the  firm  of  a  new 


28 


FINANCIAL. — TAXES. 


partner,  nor  the  withdrawal  of  one  or  more  of  the  firm,  shall  be  con- 
sidered as  commencing,  so  as  to  allow,  on  that  account,  the  payment 
only  of  the  specific  tax  imposed  by  law  for  the  privilege  granted ;  but 
if  any  one  of  the  parties  remain  in  the  firm,  either  as  a  general  or 
special  partner,  or  otherwise,  in  interest,  to  be  ascertained  upon  the 
oath  of  the  party  to  whom  the  license  is  granted,  the  business  shall 
be  regarded  as  eontinuiug. 

Insolvents,  how  collected. 

Eist  of  msol-  97.   A  copy  of  every  list  of  insolvents,  whether  of  persons,  per- 

ont  for  coiiec-  sonal  property,  licenses  or  militia  fines,  whether  allowed  by  any  court 
or  board,  or  by  the  auditor  of  public  accounts,  under  ordinance  num- 
ber seventy-two  of  the  convention,  entitled  an  ordinance  for  the 
relief  of  sheriffs  of  certain  counties,  passed  June  twenty- eighth, 
eighteen  hundred  and  sixty-one,  shall  in  his  discretion,  as  soon  as 
practicable,  be  placed  by  the  auditor  of  public  accounts  in  the  hands 
of  any  sheriff,  collector  or  constable  of  any  county  or  corporation  for' 
collection.  Such  sheriff,  collector  or  constable  shall  receive  and 
receipt  for  the  same,  and  shall  make  return  of  delinquents  thereon 
within  one  year  from  their  receipt,  in  the  same  manner  and  under 
the  same  regulations  as  are  prescribed  for  the  return  of  other  delin- 
The  amount  appearing  due  after  such  return  of  delin- 
quents, and  the  allowance  of  such  commissions  as  may  have  been 
prescribed  by  the  governor,  shall  be  paid  into  the  treasury  within 
one  year  from  the  time  such  copy  of  such  delinquents  may  have  been 
received  by  such  sheriff  or  other  officer.  When  such  copies  are  re- 
ceived by  such  officer,  he  shall  have  the  same  powers  of  distress  and 
other  remedies  for  the  collection  of  the  amount  appearing  due  there- 
by, as  are  allowed  to  sheriffs  for  the  collection  of  taxes.  Any  officer 
failing  or  refusing  to  receive  and  execute  a  proper  receipt  for  any 
such  copy  of  delinquents,  shall  forfeit  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars. 


Commissions  for  quent  taxes 

collection,  how 
allowed 


Penalty  on  offi- 
cers for  failing 
to  receive  and 
receipt 


license  to  sut- 
1  era 


License  to  a  sutler  or  other  person  to  sell  goods,  Sfc,  within  or  near 
to  a  military  encampment.  i     . 

98.  No  license  shall  be  granted  to  a  sutler  or  other  person  to  sell 
goods,  wares  and  merchandise  or  other  thing,  within  or  near  to  a  mili- 
tary post  or  encampment,  unless  the  person  desiring  such  license 
shall  produce  to  the  court  or  to  the  commissioner  of  the  revenue,  as 
maybe  required  by  law,  a  certificate  of  the  commander  of  such  post 
or  encampment,  approving  of  the  issuing  of  a  license  to  such  sutler 
or  other  person;  aud  any  sutler  or  other  person  so  selling  without  a 
license  at  such  places,  shall  be  subject  to  all  the  penalties  and  lia- 
bilities imposed  upon  merchants  and  other  persons  selling  without  a 
license :  provided,  however,  that  no  license  shall  be  required  of  per- 
sons selling  provisions  only  to  the  army. 

License  to  a  merchant  who  is  a  heginner. 

when  license  to       99.   A  license  to  a  merchant  who  is  a  beginner,  shall  specify  the 


FINANCIAL. — TAKES,  29 

value  of  goods  to  be  sold  by  such  merchant;,  and  when  goods  to  the -merchants  who 

value  specified  have  been  sold,  the  license  thereafter  shall  be  deemed  VOid 

to  be  void;  and  if  such  merchant  fail  to  apply  to  a  commissioner  of 

the  revenue  for  a  new  assessment  and  new  license,  and  continue  in 

business  after  his  license  is  deemed  to  be  void  as  aforesaid,  he  shall 

forfeit  to  the  commonwealth,  for  the  benefit  of  the  general  treasury, 

not  less  than  one  hundred  nor  more  than  two  thousand  dollars. 

Population  of  counties,  cities  and  towns,  hoia  estimated. 

100.  In  all  cases  where  the  population  of  any  county,  city  or  town  How  population 

-,  ~  '   .  .  .  .•  -,    ,       ,  *        , ,  .  /.  of  counties.  Sec. 

is  a  data  for  estimating  the  taxes  amposed  by  law  ior  the  exercise  01  to  t^  estimated 
any  privilege  therein,  or  for  any  other  purpose,  the  commissioner, 
after  ascertaining  the  actual  number  of  slaves  assessed,  shall  assume 
that  the  white  and  free  negro  population  is  five  and  a  half  times  the 
number  of  white  persons  and  free  negroes  of  and  over  the  age  of 
twenty-one  years.  The  actual  number-of  slaves  as  ascertained,  and 
the  estimate  of  the  white  and  free  negro  population,  made  as  afore- 
said," shall  constitute  the  population  for  the  purposes  aforesaid. 

Banks,  insurance  and   other  companies,  ivhen  and  what   to  report 
to  auditor  of  public  accounts. 

101.  Banks,  savings  banks,  insurance  companies,  express  compa-  Banks,  insu- 
nies,  rail  road  companies,  and  all  other  companies  which  by  law  are  nies,  &e.  when 

*  required. to  make  a  report  to  the  auditor  of  public  accounts,  and  also  portYo  aud?tor 
all  such  companies,  firms  and  persons  engaged  in  manufacturing  or 
working  in  cotton,  woolen  or  iron,  or  any  other  agricultural  or  mine- 
ral products,  shall,  as  soon  after  the  first  day  of  July  in  each  year 
as  may  be,  make  report  to  the  said  auditor  of  the  amount  of  capital 
employed  by  such  company;  the  capital  stock  actually  paid  in,  if  an 
incorporated  company ;  the  gross  income  received  and  contracted  to 
be  received  during  the  preceding  year  ending  on  the  thirtieth  day  of 
June;  the  salaries  and  other  compensation  paid  to  the  officers  and 
employees  receiving  compensation  in  the  nature  of  a  salary,  together 
with  their  names ;  the  number  of  persons  employed  as  laborers ;  the 
slaves,  and  the  aggregate  amount  of  hire  paid  therefor,  assuming 
the  total  number  to  be  equal  to  the  average  number  in  the  year.  If 
the  company  be  a  work  of  internal  improvement,  the  report  shall 
also  show  the  length  of  the  work  and  the  cost  of  construction.     From 

.   such  reports  the  auditor  shall  condense  the  sami?  into  a  report  to  the 
general  assembly.     Any  such  bank,  company  or  firm  failing  for  one  penalty  forfsii!- 
month  to  make  such  report,  shall  forfeit  not  less  than  five  hundred  ms  l0  ieport 
dollars  nor  more  than  five  thousand  dollars;  to  be  recovered  in  the 
circuit  court  of  the  city  of  Richmond,  upon  the  motion  of  the  auditor 
of  public  accounts. 

Personal  property  exempt  from  taxation. 

•102.  The  forty-third  section  of  chapter  thirty-five  of  the  Code  (edi-* 
tion  of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re-enacted 
so  as  to  read  as  follows ; 


30  FINANCIAL.— TAXES* 

Personal  pro-  "  §  43.   All  personal  property  described  in  this  section,  and  to  the 

Froi/ taxation      extent  herein  limited,  shall  be  exempt  from  taxation,  that  is  to  say  f 

The  household  and  kitchen  furniture  used  in  a  licensed  ordinary, 
house  of  entertainment  or  private  boarding  house,  and  belonging  to 
the  keeper  thereof,  the  value  whereof  has  been  included  in*  such 
license  tax. 

All  books,  apparatus  and  furniture  belonging  to  colleges,  free 

schools  and  incorporated  academies,  and  used  for  college  or  school 

purposes;  to  the  university  of  Virginia ;  to  the  Virginia  military  in^- 

stitute  ;  to  the  institution  for  the  education  of  the  deaf  and  dumb  and 

>.      the  blind ;  and  to  the  lunatic  asylums. 

And  all  personal  property  belonging  to  orphan  asylums,  overseers 
of  the  poor,  and  exclusively  to  the  commonwealth. 

All  fire  engines  or  other  implements  for  the  extinguishment  of 
fires. 

All  books,  family  portraits*  and  pictures,  and  the  wearing  apparel 
of  every  person  and  family,  except  watches  and  jewelry. 

All  agricultural  productions  of  this  state  in  the  hands  of  the 
producer. 

All  mineral  productions  of  this  state  in  the  hands  of  the  producer 
or  miner. 

All  felled  wood  or  timber  in  the  hands  of  the  person  owning,  rent* 
ing  or  leasing  the  land  where  the  same  was  grown* 

All  plantations  of  oysters  and  fisheries. 

All  capital  invested  in  any  trade  or  business  for  the  prosecution  of 
Which  a  license  is  required. 

All  farming  implements  actually  used  for  farming  purposes,  except 
road  wagons,  or  wagons  used  principally  for  other  than  farming 
purposes. 

All  mechanics'  tools  used  on  any  farm,  or  by  any  person  actually 
engaged  in  any  trade,  occupation  or  profession." 

Sheriffs'  commissions  on  taxes  other  than  license  taxes. 

103.  The  twenty-second  section  of  chapter  thirty-six  of  the  Code 
(edition  of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re- 
enacted  so  as  to  read  as  follows  : 

Commissions  for      "  §  23.  Every  sheriff  or  collector  shall  be  allowed  a  commission  of 
taxea  two  per  centum  on  the  amount  of  taxes,  other  than  license  taxes, 

with  which'he  is  chargeable ;  and  if  he  shall  punctually  pay  the  same 
into  the  treasury  within  the  time  required  by  law,  he  shall  be  allowed 
an  additional  commission  of  three  per  centum.  But  when  the  taxes 
with  which  he  is  chargeable  exceed  sixty  thousand  dollars,  and  do 
*  not  exceed  one  hundred  thousand  dollars,  the 'commission  on  the 
excess  shall  be  only  one  per  centum ;  and  if  he  shall  punctually  pay 
the  same  into  the  treasury  within  the  time  required  by  law,  he  shall 
be  allowed  an  additional  commission  of  two  per  centum  on  such  ex-  ■ 
cess ;  and  if  the  taxes  with  which  he  is  chargeable  shall  exceed  One 


FINANCIAL.-— TAXES-  31 

hundred  thousand  dollars,  the  commission  on  the  excess  over  said 
sum  shall  be  only  one-half  of  one  per  centum;  and  if  he  shall  punc- 
tually pay  the  same  into  the  treasury  within  the  time  required  by 
law,  he  shall  be*allowed  an  additional  commission  of  one  per  centum. 
on  the  excess  over  one  hundred  thousand  dollars." 

Commissioner's  compensation  other  than  fees. 

104.  The  ninety-fifth  section  of  chapter  thirty-five  of  the  Code 
(edition  of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re- 
enacted'so  as  to  read  as  folfows: 

"  §  95.   Every  commissioner  of  the  revenue  shall  be  entitled  to  Commissions  for 

,t  .  p  ,  .  .  ,  .  n  ic,i      assessing  taxws 

receive,  in  consideration  of  Ins  services,  to  be  paid  on  or  belore  the 

first  day  of  September,  out  of  the  treasury,  upon  the  warrant  of  the 
auditor  of  public  accounts,  a  commission  of  one  and  one-half  per. 
centum  on  the  amount  of  taxes  lawfully  assessed  by  him  on  persona 
and  property  within  the  preceding  twelve  months.  But  where  the 
taxes  on  persons  and  property  assessed  in  any  district  in  a  county 
exceed  twenty  thousand  dollars,  the  commission  allowed  on  the  ex- 
cess- shall  be  only  three-fourths  of  one  per  centum ;  and  where  the 
said  taxeB  assessed  in  any  district  in  a  town  or  city  exceed  sixteen 
thousand  dollars,  the  commission  allowed  on  the  excess  shall  be  only 
,  one-half  of  one  per  centum." 

List  for  sheriffs,  auditor  and  clerk  of  court ;  commissioner's  fees,  by 
whom  payable. 

105.  The  forty-seventh  section  of  chapter  thirty-eight  of  the  Code 
•  (edition  of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re- 
enacted  so  as  to  read  as  follows: 

• 

"  §  47.   After  the  commissioner  of  the  revenue  shall  have  assessed  Lints  of  licenses 
all  persons  required  by  law  to  obtain  licenses,  he  shall  make  a  fair 
classified  dist  thereof,  as  far  as  he  may  have  progressed  with  the  same, 
at  intervals  not  exceeding  fifteen  days,  and  deliver  such  lists  to  the 
sheriff  or  other  collector  of  the  revenue,  for  his  guide  in  collecting 
the  taxes  imposed  by  law  on  such  licenses.     He  shall  return  to  the  When  to  be  re 
auditor  of  public  accounts  and  to  the  clerk  of  the  court  of  the  county  tor 
or  corporation  a  list  of  all  such  licenses;  that  is  to  say,  a  list  of  such 
as  are  granted  on  or  after  the  first  day  of  September  and  before  the 
first  day  of  May  following,  shall  be  returned  on  or  before  the  tenth 
day  of  the  said  month  of  May ;  and  a  list  of  such  as  are  granted  on 
or  aTter  the  first  day  of  May  and  before  the  first  day  of  September 
following,  sliall  be  returned  immediately  after  the  first  day  of  Sep- 
tember.    Such  lists  shall  specify  the  date  of  each  license,  for  what  it 
Was  granted,  the  name  of  the  person  to  whom  granted,  the  amount 
of  the  tax,  to  whom  paid,  and  the  data  upon  which  the  tax  was  as- 
sessed.    For  every  certificate  delivered  by  a  commissioner  to  a  per-  Fee  for  certifl 
son  desiring,  or  who  ought  to  obtain  a  license,  the  commissioner  shall  ca 
be  entitled  to  a  fee  of  one  dollar  for  each  license,  unless  such  license 


32  FINANCIAL. — TAXES. 

be  refusal  by  the  court;  which  fees  shall  be  paid  to  him  by  the  person 
to  whom  the  license  shall  be  granted." 

Commissions,  to  sheriffs  and  collectors* 

106.  The  fifty-sixth  section  of  chapter  thirty-eight  of  the  Code 
(edition  of  eighteen  hundred  and  sixty)  is  hereby  .amended  and  re- 
enacted  so  as  to  read  as  follows : 

Commissions  for      "§  56.  Every  sheriff,  or  person  receiving  taxes  on  licenses  under 
tax  '    this  chapter,  shall  be  allowed  a  commission  of  one  per  centum  for 

their  collection  on  the  first  five  thousand  dollars,  and  one-half  of  one 
per  centum  upon  any  excess  over  that  sum;  and  if  he  shall  punctually 
pay  the  same  into  the  treasury  within  the  time  prescribed  by  law,  he 
shall  be  allowed  an  additional  compensation  of  one  per  centum  on 
the  first  five  thousand  dollars,  and  one-half  of  one  per  centum  on 
any  excess  over  that  sum." 

Penalties,  how  recoverable. 

107.  The  fifty-ninth  section  of  chapter  thirty-eight  of  the  Code  of 
Virginia  (edition  of  eighteen  hundred  and  sixty)  is  hereby  amended 

,  and  re-enacted  so  as  to  read  as  follows  : 

Suits  to  recover      "  §  59-   Such  action  of  debt  may  be  instituted  at  any  time  within 
andhow insti-n  ^ve  years  after  the  offence  was  committed,  and  shall  be  for  the  maxi-  0 
tnted  mum  penalty  prescribed,  and  for  each  violation  of  any  of  the  laws 

and  prohibitions  contained  in  this  act  or  the  thirty-eighth  chapter  of 
Form  of  pro-  the  Code  of  Virginia  (edition  of  eighteen  hundred  and  sixty).  In 
ceedings  ^  ao^on  0f  deot,  bail  shall  be  required  as  a  matter  of  right ;  and 

if  deemed  necessary,  an  attachment  may  issue  without  the  affidavit 
and  bond  required  in  other  cases,  either  before  the  ^institution  of  a 
suit  or  during  the  pendency  of  the  same.     A  declaration  shall  be 
filed,  but  no  orders  or  pleadings  at  rules  shall  be  necessary,  and  no 
exceptions  shall  be  allowed  to  the  declaration  for  any  defect  or  want 
of  form.     If  the  offence  is  not  sufficiently  seated,  the  court  shall  re- 
quire, under  such  rules  as  it  may  adopt  at  any  time  before  a  verdict 
may  be  rendered  thereon,  a  full  and  explicit  statement  of  the  offence. 
In  all  such  proceedings  the  court  shall  render  judgment  according 
when  defendant  to  the  very  right  of  the  case.     In  case  the  defendant  be  arrested  and 
^vTbon/fwhis  m  custody  for  want  of  bail,  he  may,  at  the  time  of  arrest,  or  at  any 
npjrearaiice        ^imG  before  a  judgment  be  rendered  in  the  action,  give  bond  with 
sufficient  security,  in  a  penalty  equal  to  the  penalty  sued  for,  to  the 
officer  making  the  arrest,  or  to  the  clerk  of  the  court  wherein  *the 
action  was  instituted.     Such  bond  shall  be  payable  to  the  common- 
wealth, and  shall  be  conditioned  for  the  appearance  of  the  party  to 
answer  the  action,  and  to  abide  by  and  satisfy  the  judgment  of  the 
court.     Upon  the  execution  of  such  bond  the  defendant  shall  be  dis- 
Where  boad       charged  from  custody.     The  bond  shall  be  returned  to  and  filed  with 
filed  the  clerk  in  the  papers  of  said  action.     No  officer  shall  be  entitled  to 

the  payment  of  .any  fees  out  of  the  treasury  for  services  rendered  in 


. 


FINANCIAL. — TAXES.  o'i 

any  proceedings  herein  authorized.     In  all  cases  of  conviction  under  Fee  of  attorney 
this  act,  a  fee  of  ten  doll; 
taxed  in  the  bill  of  costs. 


this  act,  a  fee  of  ten  dollars  to  the  commonwealth's  attorney  shall  be  wealth  m°n 


Deputies  of  collectors  may  he  appointed. 

108.  Whenever  the  auditor  of  public  accounts  shall  hereafter  ap-  when  and  how 
point  a  collector  o*f  taxes  under  the  ordinance  of  the  Virginia  con-  ^^oma^ii^ 
vention,  number' sixty-five,  entitled  an  ordinance  providing  for  the 
appointment  of  the  commissioners  of  the  revenue  and  collectors  of 

taxes  in  certain  cases,  and  providing  for  the  absence  of  the  auditor 
of  public  accounts,  passed  June  twenty-sixth,  eighteen  hundred  and 
sixty-one,  it  shall  be  lawful  for  such  collector  to  appoint  deputies  in 
the  same  manner  that  deputy  sheriffs  are  by  law  appointed,  who  shall 
possess  all  the  powers  which  are  now  exercised  or  possessed  by  de- 
puty sheriffs  in  the  collection  of  taxes,  militia  fines,  county  levies 
and  poor  rates,  and  shall  be  subject  to  the  same  liabilities  and  restric- 
tions which  appertain  to. deputy  sheriffs,  and  'the  principal  shall  be 
liable  for  his  official  acts  as  such,  and  such  deputy  collector  shall  be 
a  resident  of  the  county  for  which'  he  is  appointed. 

Confederate  treasury  notes  receivable  in  payment  of  taxes. 

109.  The  act  entitled  an  act  authorizing  the  receipt  of  Confede- 
rate States'treasury  notes  in  payment  of  taxes  and  other  public  dues, 
passed  March  twenty-second,  eighteen  hundred  and  sixty-two,  shall 
be  and  the  same  is  hereby  amended  and  re-enacted  so  as  to  read  as 
follows :  « 

"Confederate  States  non-interest  bearing  notes  of  the  denomina-  What confede- 
tion  of,  or  over  five  dollars,  dated  and  issued  on  and  after  the  first  ceivaWo  for 
day  of  April  eighteen  hundred  and  sixty-three,  shall  hereafter  be  re- taxes 
ceivable  in  payment  of  taxes  and  other  public  dues  to  the  state." 


110.   The  auditor  of  public  accounts  shall  cause  the  preceding  Preceding  set 
(section  to  be  published  in  at  least  five  newspapers  in  the  city  oi\l"\l2<x    e  pu: 
Richmond,  and  in  the  papers  of  the  cities  of  Lynchburg  and  Peters- 
burg, and  in  the  towns  of  Danville,  Staunton  and  Wytheville,  for  at 
least  four  weeks. 


When  taxes  may 'be  distrained  for.  % 

111.  The  fourth  section  of  chapter  thirty-six  of  the  Code  (edition 
of  eighteen  hundred  and  sixty)  shall  be  and  the  same  is  hereby 
amended  and  re-enacted  so  as  to  read  as  follows:  ■ 

"  §  4.  No  distress  shall  be  made  for  taxes  or  levies,  where  the  she-  when  taxes  not 
riff  or  collector  has  had  more  than  two  years  to  collect  the  same,  f°rbe  distraiue<1 
unless  it  be  for  taxes  returned  delinquent,  and  sent  out  by  the  au- 
ditor for  collection,  as  provided  by  law.  But  a  sheriff  or  collector  of  when  taxes  ma* 
a  former  term  may,  notwithstanding  the  expiration  of  his  term  0"f1jedlstrauud  fm 
office,  by  himself  or  by  his  deputies,  have  the  same  powers  of  dis- 
3 


'U 


FINANCIAL. — TAXES. — APPROPRIATIONS, 


tress  and  sale  as  lie  possessed  before  said  term  expired ;  and  which 
right  of  distress  and  sale  shall  continue  for  the  term  of  two  years 
from  the  time  such  right  first  accrued ;  but  no  deputy  shall  be  per- 
mitted to  qualify  for  such  collections  after  the  principal's  office  has 
expired.  And  it  shall  be  lawful  for  a  sheriff  or  collector  to  receipt 
for,  and  collect  by  distress,  within  said  two  years,  any  taxes  or  fees 
Liability  of  she-  remaining  unpaid  to  his  predecessor.  Such  sheriff  shall  be  liable  to 
his" predecessor,  or  his  personal  representative,  for  the  taxes  and  fees 
collected,  in  the  same  manner  he  is  liable  for  clerks'  fees  collected 
by  him." 

Commissioners  to  ascertain  the  number,  Sfc.  of  all  slaves  thai  escape 
to.  the  enemy. 


Lists  of  slaves 
escaping  to 


No  license  to 
issue  to  aliens 
Exception 


112.  Commissioners  of  the  revenue  for  each  district,  in  taking 
lists  of  the  personal  property  in  the  several  counties,  cities  and  towns 
of  this  commonwealth,  shall  enquire  into  and  ascertain,  as  far  as 
practicable,  the  number  of  all  slaves  that  have  escaped  to  the  enemy 
during  this  war,  and  have  not  been  recovered,  and  make  a  return  of 
such  lists  to  the  auditor  of  public  accounts,  with  the  names,  sexes 
and  ages  of  such  slaves,  and  the  names  of  the  owners  thereof;  to  be 
filed  and  preserved  in  the  office  of  said  auditor. 

113.  That  no  license  under  this  act  shall  be  issued  to  any  alien, 
except  as  provided  in  the  act  passed  March  thirty-one,  eighteen  hun- 
dred and  sixty-two,  entitled  an  act  defining  the  persons  who  may 
obtain  license,  ^and  except  as  to  such  aliens  as  shall  not,  on  account 
of  being  aliens,  have  claimed  exemption  from  service,  in  the  army  of 
the  Confederate  States:  and  no  alien  who  has  claimed  exemption  as 
such,  from  service  in  the  army  of  the  Confederate  States,  shall  act 
as  an  agent  for  any  citizen  of  this  state  licensed  under  this  act. 

.     Repealing  clause. 

114.  Chapter  one,  entitled  an  act  imposing  taxes  for  the  support 
of  government,  passed  March  twenty-seventh,  eighteen  hundred  and 
sixty-two,  shall  be  and  the  same  is  hereby  repealed,  so  far  as  the 
same  is  not  herein  before  re-enacted.. 

Commencement       115.    This  act  shall  be  in  force  from  its  passage. 


Repealing  clause 


Taxes  appro- 
priated 


Chai\  2. 


-An  ACT  appropriating  the  Public  Revenue  for  the  fiscal  yea*' 
1862-3. 


Passed  March  28,  1863. 

1.  Be  it  enacted  *by  the  general  assembly,  that  the  public  taxes 
and  arrears  of  taxes  due  prior  to  the  first  day  of  October  eighteen 
hundred  and  sixty-three,  and  not  otherwise  appropriated  by  law, 
which  shall  come  into  the  treasury  prior  to  the  first  day  of  October 


l>iNAXC!AYJ.^-A!Pl',ROl,EIAfiOl'T&,  35 

«Mglrteen  hundred  and  sixty-three,  shall  constitute  a  ge&eral  fund-. 
;and  be  appropriated  for  the  fiscal  year  to  close  00  the  thirtieth  day 
«£  September  eighteen  hundred -and  sixty -three,  as  fellows,  videlicet : 

To  pay  the  salary  of  the  secretary  to  the  commissioners  of  the  Safety  of  clerk 
linking  fund,  three  hundred  dollars. 

To  pay  the  per  diem,,  mileage,  and  other  expenses  of  the  general  General  assen> 
-assembly,  incurred  in  the  session  of  September  eighteen  hundred  and    • 
sixty-two,  -forty-two  thousand  dollars. 

To  pay  die  per  diem,  mileage,  and  other  expenses  of  the  general  General  assent 
•assembly,  incurred  in  the  same  session,  in  Octol>er  eighteen  hundred    s 
•and  sixty-two,  and  the  session  commencing  in  January  eighteen  hun- 
dred and  sixty-three,  sixty-five  thousand  dollars. 

To  pay  expenses  of  comparing  polls  in  s-undry  elections,  ene  thou-  Elections 
^and  dollars. 

To  pay  salaries  and  mileage  of  judges  and  other  officers  of  the  judges 
civil  government,  one  huadred  and  eleven  thousand  dollars. 

To  pay  for  arrest  and  support  of  prisoners,  pay  of  jurors,  witnesses,  Prisoners, 
4fc.e.,.as  provided  by  >law,  sixty  thousand  dollars. 

To  pay  for  slaves  condemned  and  executed,  or  sentenced  to  or  re^  Slaves  con 
prieved  for  sale  and  transportation,  twenty-five  thousand  dollars. 

To  pay  expenses  for  bringing  condemned  slaves  te  penitentiary,  Expenses  of,  to 
eight  hundred  dollars.  ptnuen  iary 

To  pay  Joseph  W.  Hancock,  a  judgment  for  the  value  of  his  fe-J.  w,  Haueock 
male  slave  named  Amanda,  sentenced  by  the  judgment  of  the  county 
court  of  Chesterfield  to  sale  a-nd  transportation,  seven  hundred  and 
ninety  dollars. 

To  pay  for  subsistence  and  ether  supplies  for  the  support  of  con-  Convicts,  &o 
victs  and  transports  in  the  penitentiary,  fifty  thousand  dollars. 

To  pay  mileage  to  officers  and  guards,  and  expenses  of  convicts,  Mileage  to  orfi-- 
m  transporting  convicts  from  the  place  of  conviction  to  the  peniten-  ce 
tiary,  five  thousand  dollars. 

To  pay  the  salary  of  the  ^superintendent  of  the  penitentiary,  his  Penitentiary 
assistant  keepers,  clerk,  surgeon,  and  allowance  to  -directors,  eight 
thousand  dollars.  '  •  '       ■ 

To  pay  for  printing  records  of  the  court  of  appeals  and  district  Records  court  0? 
courts,  four  thousand  dollars.  .  appes 

To  pay  contingent  expenses  of  courts,  sheriffs,  clerks  and  other  Contingent  es- 
•officers  of  the  courts,  fuel,  stationery,  &c,  twenty  thousand  dollars. 

To  pay  the  expense  of  the  militia  establishment,  to  brigade  inspee-  Militia. 
%ors,  adjutants,  clerks,  musicians,  &c,  ten  thousand  dollars. 

To  pay  the  salary  of  -the  adjutant  general  and  his  clerk,  three  thou-  Adjutant  gone- 
sand  two  hundred  dollars. 

To  pay  the  annuity  for  the  "annual  support  of  the  Virginia  military  Annuity  to  vir- 
institute,  thirteen  thousand  five  hundred  dollars.  stitute * ' 

T©  pay  expenses  chargeable  to  the  military  contingent  fund,  under  Military  eontin- 
®,n  act  to  organize  a  military  contingent  fund,  passed  March  fifteenth, 
eighteen  hundred  and  sixty-two,  fifty  thousand  dollars. 

To  .pay  officers  and  privates,  for  rations,  clothing  and  other  allow-  Public  gward 


m 


FINANCIAL.— APPROPRIATIONS. 


laterior  guard  at 

penitentiary 


Transportation 
of  arms 


Commissioners 
of  the  revenue 


Central  lunatic 
asylum 


Eastern' lunatic 
asylum 


Robert  Saunders 
&al 


Wiiiiam  M. 
Hume 


Ltinaties  in 
county  jails 


Deaf,  dumb  and 

biind 


Civil  prosecu- 
tions 

Public  ware- 
houses 

Governor's 
house 


Capitol 


Grattan's  Re- 
ports 


thigh's  Reports 


ance3  to  the  public  guard,  and  ordnance  sergeant  at  the  military 
institute,  including  temporary  quarters,  sixty  thousand  dollars. 

To  pay  allowances  to  the  interior  guard  at  the  penitentiary,  two 
thousand  eight  hundred  dollars. 

To  pay  for  the  transportation  of  arms  collected  and  distributed, 
eight  hundred  dollars. 

To  pay  the  commissions  and  other  fees  of  commissioners  of  the 
revenue,  and  for  lists  of  taxable  property,  and  to  clerks  of  courts, 
for  examining  commissioners'  books,  eighty  thousand  dollars. 

To  pay  for  support  (in  addition  to  the  pay  patient  fund)  and  trans- 
portation of  patients  to  the  Central  lunatic  asylum,  sixty-five  thou- 
sand dollars. 

To  pay  for  support  (in  addition  to  the  pay  patient  fund)  and  trans- 
portation of  patients  to  the  Eastern  lunatic  asylum,  forty-eight  thou- 
sand dollars ;  and  also  the  sum  of  three  hundred  an#  twenty-four 
dollars  and  thirty-seven  cents — of  which  sum  one  hundred  and 
twenty-six  dollars  shall  be  paid  to  Robert  Saunders,  and  one  hundred 
and  twenty-six  dollars  to  Edward  H.  Livety,  for  the  hire  of  their 
servants  for  the  year  eighteen  hundred  and  sixty-two — and  to  Wil- 
liam II.  Peirce,  an  officer,  for  services,  the  sum  of  seventy-two  dol- 
lars and  thirty-seven  cents,  balance  due  him  for  eighteen  hundred 
and  sixty- two. 

To  pay  to  William  M.  Hume,  sheriff  of  Fauquier  county,  or  his  legal 
representative,  seventy-three  dollars  and  sixty-cents,  that  being  the 
amount  to  which  he  is  entitled  by  law  for  conveying  a  lunatic  from 
said  county  of  Fauquier  to  the  asylum  at  Williamsburg,  which  said 
amount  is  to  be  deducted  from  the  appropriation  to  said  institution 
for  the  fifecal  year  ending  September  thirtieth,  eighteen  hundred  and 
sixty-two. 

To  pay  expenses,  &c.  of  lunatics  confined  in  county  jails,  four 
thousand  dollars. 

To  pay  the  support  of  the  deaf,  dumb  and  the  blind,  twenty-five 
thousand  dollars. 

To  pay  pensions  allowed  by  law,  four  hundred  and  thirty-two 
dollars. 

To  pay  claims  chargeable,  on  the  civil  contingent  fund,  to  be 
allowed  and  certified  by  the  executive,  one  hundred  thousand  dollars. 

To  pay  expenses  of  civil  prosecutions,  eight  thousand  dollars. 

To  pay  for  services  of  commissioners  of  public  warehouses,  one 
hundred  and  fifty  dollars: 

To  pay  for  repairs  to  the  governor's  house,  to  be  paid  upon  the  cer- 
tificate of  the  superintendent  of  public  buildings,  five  hundred  dollars., 

To  pay  for  repairs  of  the  capitol,  to  be  paid  upon  the  certificate  of 
the  superintendent  of  public  buildings,  five  thousand  dollars. 

To  pay  for  the  printing  and  binding-of  one  thousand  copies  of  the 
sixteenth  volume  of  Grattan's  Reports,  two  thousand  two  hundred 
dollars. 

To  pay  for  reprinting  and  binding  one  volume  of  Lvigh's  Reports. 
as  provided  by  law,  one  thousand  six  hundred  dollars. 


FINANCIAL. APPROPRIATIONS.  37 

To  paf  the  annual  allowance  to  the  vaccine  agent  at  Richmond,  Vaccine  agen-. 
five  hundred  dollar?.        * 

To  pay  for  the  services  of  a  messenger  in  the  office  of  the  auditor  Messenger  in 

P         ...  .         -1,1         i       i    -,    ri  auditor's  office 

of  public  accounts,  eight  hundred  dollars. 

To  pay   expenses   of  the  registration  of  marriages,  births   and  Registration  of 
deaths,  two  thousand  five  hundred  dollars. 

To  pay  expense  of  printing  for  the  general  assembly  and  public  Printing 
officers,  and  for  paper  and  books  for  public  officers,  forty-five  thousand 
dollars. 

To  pay  for  the  services  of  temporary  clerks  in  the  office  of  the  Temporary 
auditor  of  public  accounts,  four  thousand  five  hundred  dollars.  tor's  office 

To  pay  commissions  to  sheriffs,  payable  by  warrants,  two  hundred  Commissions  to 

.  sheriffs 

dollars. 

To  pay  sundry  expenses  out  of  the  special  appropriations  to  the  New  river  navi- 

»  •  .      ,.  ',    .   T.  i   t   ii  gation  company 

New  river  navigation  company,  ten  thousand  dollars. 

To  pay  the  pages  of  the  senate  and  house  of  delegates,  the  sum  of  Pages 
three  dollars  per  day  for  each  day's  services  as  such  ;  to  be  paid  upon 
the  certificate  of  the  clerk  of  the  senate  and  of  the  clerk  of  the  house 
of  delegates  respectively. 

To  pay  the  clerk  of  the  joint  committee  on  salt,  four  dollars  per  Clerk  joint  com- 
day  for  the  time  of  his  services ;  to  be  pai/I  on  the  order  of  the  clerk 
of  the  house  of  delegates. 

To  pay  to  the  porter  to  the  senate,  for  services  as  such,  attention  Porter  of  senate 
to  the  senate  chamber  and  clerk's  office  of  the  senate,  and  for  making 
fires  for  same,  two  dollars  and  fifty  cents  per  day;  to  be  paid  upon 
the  certificate  of  the  clerk  of  the  senate. 

To  pay  the  further  expenses  for  makiag  fires  and  superintending  Fires,  furnace?, 
the  furnaces  in  the  eapitol,  the  customary  allowance  of  two  dollars 
per  day  to  each  of  the  several  persons  entitled  to  the  same,  not  ex- 
ceeding two  persons  to  be  emploj-od;  to  be  paid  upon  the  certificate 
of  the  superintendent  of  public  buildings. 

To  pay  the  principal  and  interest  on  temporary  loans,  two  million  Temporary 
five  hundred  and  nine  thousand  two  hundred  and  eight  dollars  and 
Eiinety-five  cents. 
.    To  pay  the  interest  on  loans  under  the  act  for  the  assumption  of  interest  on  loans 

1/-NJ-3  n  •  i  -ii-ii   fr*1"  Wal'  tal: 

the  Couieaerate  States  war  tax,  nmety-two  thousand  seven  hundred 
and  ninety-three  dollars. 

To  pay  the  principal  and  interest  of  interest  bearing  treasury  notes,  interest  bearicg 

,,  -i5-  ,i  iii  -,  i  i       •  i  i       -i  treasury  notes 

chree  million  three  hundred  and   sixty-two  thousand  nine  hundred 
and  sixty-six  dollars. 

To  pay  the  salaries  and  allowances  of  naval  officers  on  retired  Naval  officers 
Siists,  five  thousand  three  hundred  dollars. 

To  pay  military  expenses,  other  than  the  expenses  of  the  state  line  Military  ex- 
and  mountain  rarfgers,  to  be  paid  upon  the  order  of  the  auditing 
iboard,  fifty  thousand  dollars;  but  the  disbursements  under  this  cjause 
shall  be  limited  to  the  payment  of  claims  heretofore  allowed  by  said 
auditing  board  ;  and  all  claims  hereafter  allowed  by  said  board  shall 
he  reported  to  the  general  assembly  for  payment  by  appropriations 
by  law,  except  claims  embraced  in  the  next  following  clause. 


m 


FINANCIAL. — APPEOPEIATIOXS. 


Starte  line 


Penitentiary 


Patrick  Ker.ii 


Hover  &  Lud- 


J   D.  Pentfl'etoK 


i?er_ersJ  fn-aJ 


Disposal  of 
aeral  fund 


payments,  "when 
made 


Cswamfiacemeat 


To  par  claims  %f  officers  and  soldiers  of  the  Virginia  state  Fine- 
and  mountain  rangers,  including  the  raising,  clothing,  subsistence, 
and  otherwise  supporting-  tire  same,  to  be  paid  upon  the  order  of  the- 
auditing  board,  two  million  dollars. 

To  supply  the  penitentiary  with  raw  material  for  manufacturing 
purposes,  twelve  thousand  dollars ;  to  be  paid  to  the  order  of  the 
superintendent  thereof. 

To  pay  Patrick  Keau,  as  reporter  to  the  secret  debates  of  the 
convention,  upon  the  certificate  of  the  secretary  thereof,  as  ordered 
by  the  convention,  three  hundred  dollars. 

To  pay  Messrs.  Hoyer  &  Ludwig  for  engraving  and'  printing  two 
hundred  copies  of  the  ordinance  of  secession,  three  hundred  and 
ninety  dollars. 

To  pay  J.  D.  Pendleton  and  John  Burwell,  for  clerical  servfces- 
reudered  the  senate  during  the  indispositioa  of  the  eteik  of  the  senate- 
at  the  present  session,  sixty  doilars  each. 

2.  Be  it  further  enacted,  that  so  much  of  the  public  revenue  a* 
may  be  received  into  the  public  treasury  after  the  thirtieth  day  of 
September  eighteen  hundred  and  sixty- three,  and,  the  surplus,  of  aD 
other  appropriations-  made  prior  to  that  date,  unexpended  within  the 
fiscal  year  ending  on  the  last  day  of  September  eighteen  hundred 
and.  sixty-three,  and  all  other  moneys  not  otherwise  appropriated  by 
law,  shall  constitute  a  general  fund,  to  defray  such  expenses  autho- 
rized by  law  as- are  not  herein  particularly  provided  for,  and  to  defray 
the  usual  allowances-  to  lunatic  asylums,  and  other  current  expenses 
of  the  commonwealth,  in  the  fiscal  year  which  shall,  commence  on 
the  first  day  of  October  eighteen  hundred  and  sixty-three,  and  ter- 
minate on  the  thirtieth  day  of  September  eighteen  hundred  and 
sixty-four ;  and  the  auditor  of  public  accounts  is  hereby  authorized! 
and  required  to  issue  his  warrants-  in  the  same  manner  as  if  the  same- 
had  been  specifically  mentioned,  subject  to  such  exceptions,  limita- 
tions and.  conditions  as  the  general  assembly  have  prescribed,  or  may 
deem  it  proper  to  annex  and  prescribe  by  law  :  provided,  that  nothing 
in  this  act  contained,  shall  by  so  eonstrued  as  to  authorize  the  auditor 
of  public  accounts  to  issue  his  warrant  or  warrants  in  satisfaction  of 
any  judgment  or  decree  of  any  court  of  law  or  equity  against  the 
commonwealth,  for  a  sum  exceeding  three  hundred  dollars,  without  & 
special  appropriation  by  law. 

3.  The  payments  to  the  military  institute,  for  support,  to  the- 
lunatic  asylwms,  for  support  and  transportation  of  patients;  and  to 
the  institution  for  the  education  of  the  deaf  and  dumb  and  the  blind,, 
shall  be  made-,  one-fo.urth  in  advance,  on  the  first  day  of  October, 
one-half  on  the  first  day  of  January  (if  the  visitors  or  directors  soi 
require),  and  the  remaining  one-fourth  on  the  first  day  cf  Api'l . 

4.  This  act  shall  be  in  force  from  its  passage.  . 


INTEREST    ON  WAR   TAX. — MILITARY   AFFAIRS. 


Chap.  3. — An  ACT  authorizing  the  payment  of  Interest-on  Bonds  given  for 
the  Confederate  States  War  Tax,  after  the  day  of  payment. 

Passed  March  12, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  any  bond  heretofore  Bond,  when  to 
or  hereafter  given  for  the  payment  of  money,  in  pursuance  of  the  act  of  ear  mtereb" 
assembly  entitled  an  act  to  provide  for  the  assumption  and  payment 

of  the  Confederate  States  war  tax,  passed  February  twenty-first, 

eighteen  hundred  and  sixty-two,  shall  continue  to  bear  interest  until 

presented  for  renewal.     The  holders  of  bonds  heretofore  paid  after  when  holder* 

the  day  of  payment,  to  whom  interest  was  refused  after  the  said  day  rest 

of  payment,  shall  be  entitled  to  such  interest;  and  the  auditor  of  when  auditor  to 

public  accounts  shall  issue  his  warrant  on  the  treasury,  payable  out 

of  any  money  in  the  treasury  not  otherwise  appropriated,  in  favor  of 

the  person  whose  bond  may  have  been  paid  without  such  interest,  for 

the  amount  of  interest  which  would  have  accrued  thereon,  at  the  rate 

of  six  per  centum  per  annum,  from  the  day  of  payment  until  the  Rate  of  interest 

same  may  have  been  paid.  , 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  4. — An  ACT  to  transfer  the  State  Troops  and  Rangers  to  the  Con- 
•  federate   Government. 

Passed  February  28,  1663. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  governor  be  Governor  di- 
and  he  is  hereby  authorized  and  directed  to  cause,  without  delay,  all  feTsute0 troops 
the  state  troops  raised  under  an  act  of  the  general  assembly,  entitled  Acts  as  to  state 
an  act  to  authorize  a  force  of  ten  thousand  men  to  be  raised  for  the  r™gCT;fn 
defence  of  the  commonwealth,  passed  May  fifteenth,  eighteen  hun- 
dred and  sixty-two,  and  under  any  aets  amendatory  thereof,  in- 
cluding all  companies  of  rangers  organized  under  the  act  of  March 
twenty-seventh,  eighteen  hundred  and  sixty-two,  entitled  an  act  to 
authorize  the  organization  of  ten  or  more  companies  of  rangers,  or 
any  other  act  of  the  general  assembly,  to  be  reorganized  into  com- 
panies, battalions  and  regiments,  in  accordance  with  the  laws  and 
regulations  of  the  confederate  service.     In  case  there  be  four  com-  when  officers 
panies  of  said  raugers,  including  the  company  of  Captain  George™7  electama~ 
Dusky,  at  present  acting  with  one  of  the  regiments  of  said  state      '   . 
troops,  it  shall  be  lawful  for  the  officers  of  said  companies  (as  intended 
by  the  said  act  of  the  twenty-seventh  of  March  eighteen  hundred 
and  sixty-two)  to  elect  a  major  therefor,  who  shall  be  commissioned 
by  the  governor  as  of  the  day  preceding  the  date  of  the  passage  of 
this  act :  provided,  that  such  election  be  made  within  ten  days  after 
the  passage  of  this  act ;  and  such  major,  without  waiting  for  his 
commission,  shall  be  deemed  one  of  the  field  officers  who  maylbe 


40 


MILITARY    AFFAIRS. 


Company  offi-  elected  under  the  next  succeeding-  section.  Whenever  two  or  more 
ers,  loweec  companies"  are  consolidated  into  one  to  make  up  the 'complement  of 
men  required  by  said  laws,  the  non-commissioned  officers  and  pri- 
vates may  (under  the  superintendence  of  such  officer  as  shall  be  de- 
signated by  the  governor  for  that  purpose)  elect,  from  among  the 
officers  of  the  same  grade,  a  captain,  a  first  lieutenant  and  two  second 
lieutenants,  who  shall  be  assig-ned  to  the  company  thua  formed,  and 
the  commissions  of  the  other  company  officers  shall  thereafter  be 
void. 


Battalions  and 
regiments,  how 
formed 
Field  officers, 
how  chosen 


Battalions 


What  field  offi- 
cers discharged 

How  mustered 
into  service  of 
Confederate 
States 


How  received 


Who  may  bs 
discharged 


Inventory  of 
arms,  &c.  how 

taken 


How  transferred 
to  confederate 
government 


Staff  officers 


Arms,  &c.  how 
valued 


42.  As  soon  as  ten  companies  are  thus  formed,  they  shall  be  or- 
ganized into  two  battalions  and  one  regiment.  From  the  field  officers 
of  the  necessary  grades  now  in  commission  in  said  state  troops  and 
rangers,  the  commissioned  officers  of  the  regiment  may  elect  their 
field  officers.  In  like  manner,  when  another  regiment  is  formed,  the 
like  proceeding  shall  be  had  until  all  the  regiments  that  may  be 
formed  are  completed.  If  there  are  any  companies  left  after  the 
formation  of  said  regiments,  they  shall  be  formed  into  a  battalion, 
and  officered  in  like  manner.  The  field  officers  then  remaining  with- 
out commands  shall  be  discharged,  and  their  commissions  shall  be 
void.  The  regiments,  and  any  detached  battalion  thus  formed,  shall 
be  mastered  into  the  service  of  the  Confederate  States  by  sneh  mus- 
tering officer  as  shall  be  detailed  by  the  secretary  of  war  for  that 
purpose;  and  when  so  mustered,  complete  returns  thereof  shall  be 
immediately  made  by  such  mustering  officer,  to  the  adjutant  general 
of  this  state  at  Eichmond.  The  said  troops  are  to  be  received  in 
companies,  battalions  and  regiments,  with  their  respective  officers. 
They  are  to  be  mustered  into  the  service  for  the  war,  but  with  the 
express  reservation  that  those  not  subject  to  conscription,  if  they 
desire  it,  shall  be  discharged  at  the  expiration  of  their  present  terms 
of  enlistment.  The  governor  shall  appoint  an  officer,  to  be  present 
at  the  mustering  of  said  troops  into  service,  whose  duty  it.  shall  be  to 
take  an  inventory  of  all  arms,  accoutrements,  ordnance,  equipments, 
stores,  munitions  of  war,  horses  and  other  property  which  may  be  in 
the  possession  of  said  troops  when,  so  mustered  into  service ;  and  the 
same  shall  be  transferred  to  the  confederate  government,  and  shall 
be  received  and  receipted  for  by  the  said  mustering  officer  at  the 
time  of  receiving  and  mustering  said  troops  as  aforesaid.  Such  staff 
officers  for  said  regiments  aud  detached  battalion,  if  any,  as  may  be 
authorized  by  the  laws  of  the  Confederate  States,  shall  be  appointed 
by  the  colonels  of  the  regiments  when  formed,  according  t«  the  laws- 
of  the  Confederate  States  ;  and  when  the  said  regiments  are  mustered 
into  service,  the  said  staff  officers  shall  be  received  as  a  part  of  the 
force  transferred,  and  be  commissioned  accordingly. 

3.  All  the  arms,  accoutrements,  ordnance  and  equipments,  stores, 
munitions  of  war  and  other  property  furnished  and  receipted  for  as 
aforesaid,  shall  be  valued  by  the  mustering  officer  aforesaid,  and  the 
officer  appointed  by  the  governor  to  make  the  inventory  thereof,  an<j 


MILITARY  AFFAIRS.  .  41 

if  they  failto  agree,  in  such  mode  as  may  be  agreed  on  by  the  gover- 
nor and  secretary  of  war ;    and  the .  value   thus  ascertained  shall,  valuation,  how 
upon  delivery  thereof,  be  paid  by  the  confederate  government  into  j? "„  government 
the  treasury  of  the  commonwealth,  to  the  credit  of  the  common- 
wealth. ^*  „     . 

4.  All  enlistments  for  the  state  troops  and  rangers  shall  cease  from 
and  after  the  passage  of  this  act. 

5.  From  and  after  the  transfer  of  the  said  troops,  as  provided  for  Parents  not 
in  the  second  section  of  this  act,  no  claim  shall  be  allowed  for  the  transfer 
payment  of  the  officers  and  troops  or  otherwise,  on  account  of  said# 

state  troops  and  rangers,  except  in  discharge  of  liabilities  incurred 
prior  thereto. 

6.  Such  portion  of  said  forces,  including  cqjpamissioned,  non-com-  when  pay,  ra- 
missioned  officers  and  privates,  as  shall  not  be  reorganized  and  trans-  be  received 
ferred  before  the  first  day  of  April  eighteen  hundred  and  sixty-three, 
according  to  the  provisions  of  this  act,  shall  receive  no  pay,  clothing, 

rations  or  other  allowances  for  services  thereafter. 

7'.   This  act  shall  be  in  force  from  its  passage,  and  all  acts  and  Commencement 
parts  of  acts  inconsistent  therewith  are  hereby  repealed.  clause 


Chap.  5. — An  ACT  to  provide  for  the  Discharge  from  active  Military  Ser- 
vice, of  persons  who  have  furnished  Substitutes. 

Passed  February  5,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  no  person  who  has  When  person 
heretofore  furnished,  according  to  law,  a  substitute  in  the  military  nisned  substi- 
service  of  the  Confederate  States,  for  three  years  or  the  war,  shaft  be  fromSary 
liable  to  military,  service,  under  the  proclamation  of  the  governor  of service 

the  tenth  day  of  January  eighteen*»hundred  and  sixty-three,  or  any' 
future  proclamation  calling  for  forces  under  now  existing  laws,  to  be 
turned  over  to  the  service  of  the  Confederate  States,  except  in  cases 
in  which  such  substitute  may  be  himself  liable,  under  the  laws  of  the 
Confederate  States,  to  perform  his  own  tour  of  duty ;  but  such  per-  Entitled  to  dis- 
son  shall  be  entitled  to  his  discharge. 

2.  In  conformity  to  instructions  of  the  governor,  not  inconsistent  Questions  of  ex 
with  the  provisions  of  this  act,  the  board  of  exemptions  provided  for  determrned°W 
by  act  of  October  first,  eighteen  hundred  and  sixty-two,  are  em- 
powered and  directed  to  determine  all  questions  of  exemptions  arising 

under  said  proclamation,  or  any  future  proclamations,  claimed  by  any 
person  by  reason  of  his  having  furnished  a  substitute. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


42 


MILITARY    AFFAIRS. 


Act  amended 
and  re-enacted 


Chap.  6. — An  ACT  to  amend  and  re-enact  an  act  further  to  provide  for  the 
Public  Defence,  passed  .October  3,  1862. 

Passed  March  13,  1863.    " 

Be  it  enacted  by  the  general  assembly,  that  the  act  passed  October 
third,  eighteen  hundred  and  sixty-two,  entitled  an  act  further  to  pro- 
vide for  the  public  defence,  be  amended  and  re-enacted  so  as  to  read 
as  follows : 


Slaves,  how 
called  into  ser-^| 
■vice  of  Confede- 
rate States 


How  appor- 
tioned 


When  governor 
may  exempt 
counties 


Persons,  how 
exempted 


Monthly  allow- 
ance, &c.  for 

slaves 


Value,  when 
paid  by  confede- 
rate government 


Compensation 
for  injuries 


1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  the  duty 
of  the  governor  of  this  commonwealth,  and  he  is  hereby  authorized 
and  required,  whenever  thereto  requested  by  the  president  of  the 
Confederate  States,  to  call  into  the  service  of  the  Confederate  States, 
for  labor  on  fortifications  and  other  works  for  the  public  defence 
within  this  state,  from  time  to  time,  for  a  period  not  exceeding  sixty 
days,  a  number  of  male  slaves  between  the  ages  of  eighteen  and 
fifty-five  years,  not  exceeding  ten  thousand  at  any  one  time,  and  not 
exceeding  in  any  county,  city  or  town,  one-fifth  of  the  number  of 
male  slaves  therein  between  the  ages  specified,  to  be  apportioned  by 
the  governor.  Such  requisition  shall  be  apportioned  ratably  among 
all  the  slaveholders  in  the  several  counties,  cities  and  towns  on  which 
the  requisition  shall  be  made,  so  as  to  charge  each  slaveholder  with 
the  'same  proportion  of  his  male  slaves  between  the  ages  specified, 
capable  of  performing  ordinary  labor,  to  be  judged  of  by  the  court, 
which  may  be  demanded  from  his  county,  city  or  town :  provided, 
however,  that  the  governor,  in  his  discretion,  may  exempt  wholly  or 
partially,  from  the  operation  of  this  act,  such  counties  as  may  have 
lost  so  large  a  portion  of  their  slaves,  in  consequence  of  their  escape 
to  the  public  enemy,  as  will  materially  affect  the  agricultural  pro- 
ducts of  such  counties.  A»d  the  governor  may  exempt  such  other 
counties  as,  from  their  geographical  position  or  contiguity  to  the 
public  enemy,  he  may  deem  expedient.  And  in  any  county,  city  or* 
town  "partially  exempted  under  £his  statute,  any  person  who  may 
satisfy  its  county  or  corporation  court,  or  any  person  appointed,  by 
the  governor  for  that  purpose,  that  he  or  she  has  lost  one-third  part 
of  his  or  her  slaves  liable  to  work  on  the  public  works,  by  said  slaves 
going  over  to  the  enemy,  shall  be  exempted  from  the  operation  of 
this  act.  The  sum  of  twenty  dollars  per  month  for  each  slave  shall 
be  paid  by  the  Confederate  States  to  the  person  entitled  to  his  ser- 
vices, and  soldiers'  rations,  medicines  and  medical  attendance  fur- 
nished ;  and  the  value  of  all  such  slaves  as  may  die  during  their  term 
of  service,  or  thereafter,  from  injuries  received,  or  of  diseases  con- 
tracted in  such  service,  or  not  be  returned  to  their  owners,  shall  be 
paid  by  the  Confederate  States  to  the  owners  of  such  slaves ;  and 
full  compensation  shall  be  made  for  all  injuries  to  slaves  arising  from 
the  act  of  the  public  enemy ;  and  in  like  manner,  full  compensation 
shall  be  made  for  any  injury  to  slaves  arising  from  a  want  of  due 
diligence  on  the  part  of  tbe  authorities  of  the  Confederate  States ; 


MILITARY   AFFAIRS.  43 

provided,  that  the  Confederate  States  shall  not  be  liable  for  any  slave 
not  returned  by  reason  of  fraud  or  collusion  on  the  part  of  the  owner 
or  his  agent;  or  if  his  death  should  be  caused  by  the  act  of  God,  or 
by  disease  of  such  slave,  existing  when  received  by  the  confederate 
authorities ;  and  in  all  cases  the  burden  of  proof  shall  be  on  the  au-  Burden  of  proof 
thorities  of  the  Confederate  States,  to  discharge  the  latter  from  lia- 
bility to  the  former.     Hired  slaves  shall  be  regarded  as  the  slaves  of  Hired  staves, 
their  temporary  owners,  in  apportioning  for  the  purposes  of  this  act ;  garded 
but  when  hired  slaves  shall  be-  held  by  persons  owning  other  slaves,     - 
it  shall  not  be  lawful  for  the  temporary  owner  to  select  \>ne  or  more 
of  the  hired  slaves  to  be  sent  to  the  public  works ;  but  in  every  such 
case,  the  slave  or  slaves  to  be  sent  shall  be  ascertained  by  lot,  in 
which  each  of  said  slaves  shall  be  drawn  for  by  the  court. 

2.  Be  it, further  enacted,  that  so  soon  as  the  governor  shall  deter-  Notice  of  call, 
mine  to  make  a  requisition  for  slaves  under, this  act,  he  shall  give   ow  glve 
notice  thereof  to  the  several  counties,  cities  and  towns  on  which  the 

call  may  be  made,  by  causing  to  be  filed  with  the  clerks  of  the 

several  county  and  corporation  courts,  copies  of  the  requisition  made 

on  their  respective  counties,  cities  and  towns ;  and  thereupon  it  shall  Duty  of  clerks 

be  the  duty  of  the  said  clerks  forthwith  to  issue  a  summons  to  all  the 

acting  justices  of  their  respective  counties  and  corporations,  requiring 

them  to  meet  at  the  courthouses  of  their  counties  and  corporations, 

on  a  day  to  be  named  in  the  summons,  not  later  than  sis  days  from 

the  filing  of  the  requisition,  to  carry  the  same  into  effect;  which 

summons  shall  be  directed  to  and  executed  by  the  sheriff  of  the  Duty  of  sheriffs 

county  or  sergeant  of  the  corporation,  as  the  case  may  be. 

3.  It  shall  be  the  duty  of  the  several  county  and  corporation  courts,  Kumber  of 
after  being  duly  convened  as  aforesaid,  and  not  less  than  five  justices  re^uisitTonfhow 
being  present,  to  ascertain,  by  the  assistance  of  the  commissioners  of  ascertained 
the  revenue  of  their  respective  counties  and  corporations,  or  other- 
wise, the  entire  number  of  male  slaves  therein  between  the  ages  spe- 
cified, subject  to  requisition  under  this  act;  and  after  ascertaining  Apportionment 
the  same,  to  apportion  the  requisition  aforesaid,  without  delay,  among   ovv  ma  #e '      ' 
all  the  holders  of  such  slaves,  so  as  to  charge  each  slaveholder,  as 

near  as  may  be,  with  the  same  proportion  of  his  male  slaves  between 
the  ages  of  eighteen  and  fifty-five,  capable  of  performing  ordinary 
labor,  as  may  be  demanded  from  his  county,  city  or  town,  throwing 
into  classes,  when  necessary,  the  holders  of-  but  one  or  a  few  slaves, 
and  of  fractions  of  slaves,  and  ascertaining  by  lot,  or  agreement  be- 
tween the  parties,  or  otherwise,  the  slave  or  slaves-  to  be  sent  to  the 
public  works  from  such  classes,  and  giving,  as  far  as  practicable,  re- 
lief to  those  upon  whom  the  lot  or  draft  may  have  fallen  under  any 
preceding  requisition:  provided,  that  in  no  case  of  a  soldier  in  ser-  proviso  as  to 

■  a    .     i.       ■  .i  i  i       i         -i   i_        ;j-     i  •      slave  of  widow. 

vice,  or  a  widow  having  a  son  therein,  or  whose  husband  has  died  in  &c 
such  service,  owning  or  hiring  but  one  male  slave,  shall  such  slave 
be  subject  to  requisition  under  this  act.     But  no  slaveholder  shall  be 
exempted  by  reason  of  having  slaves  in  the  employment  of  the  state 
or  confederate  government. 


44  .  *  MILITARY   AFFAIRS. 

How  slaves  de-  4.  So  soon  as  the  apportionment  aforesaid  shall  be  made,  it  shall 
be  the  duty  of  the  courts  of  the' several  counties  and  corporations  to 
require  each  slaveholder  to  deliver,  on  a  day  and  at  a  place  appointed 
by  the  court,  his  quota  of  slaves  to  the  sheriff  or  sergeant,  as  the 
case  may  be,  to  be  delivered  by  such  sheriff  or  sergeant  to  an  agent 
or  officer  of  the  Confederate  States  in  the  city  of  Richmond,  at  the 

when  returned  expense  of  the  Confederate  States.  All  slaves  delivered  by  the 
holders  on  the  day  and  at  the  place  designated  as  aforesaid,  to.be 

How  seized,  and  returned  at  the  expiration  of  sixty  days.  Slaves  not  delivered  in  ac- 
cordance with  the  order  of  the  court,  shall  be  seized  by  the  sheriff  or 
sergeant,  as  the  case  may  be,  and  delivered,  at  the  expense  of  the 
owner,  to  the  agent  or  officer  of  the  Confederate  States  authorized, 
to  receive  them,  and  may  be  held,  on  the.  terms  and  conditions  afore- 
said, for  a  period  not  exceeding- ^ninety  days,  unless  sufficient  cause 
for  the  failure  shall  be  shown  to  the  court  of  the  county  or  corpora- 
tion in  which  such  failure  may  occur,  and  there  entered  on  record ; 

Expenses,  how  in  which  event,  the  expenses  of  said  delivery  shall  be  paid  by  the 
Confederate  States,  and  a  certified  copy  of  such  order  shall  be  con- 
Fine  elusive  evidence  of  such  sufficient  cause;  and  moreover,  the  holder 
of  such  slaves  shall  be  fined  not  less  than  three  dollars  nor  more  than 

Sheriff  to  report  ten  dollars  for  every  day  each  slave  shall  be  withheld ;  and  it  shall 
be  the  duty  of  the  sheriff  or  sergeant  to  report  to  the  court,  at  its 
next  succeeding-  monthly  term,  all  persons  failing  or  refusing  to  deli- 

Fme  and  execu-  ver  their  slaves  as  aforesaid ;  and  unless  good  cause  be  shown  for 
such  failure  or  refusal,  the  court  shall  impose  said  fines,  for  which  an 
execution  shall  be  forthwith  issued  by  the  clerk  of  the  court ;  which 
fines  shall  be  repeated  from  time  to  time,  until  the  order  of  court  is 
complied  with.  Any  sheriff  failing  to  discharge  the  dutie*  imposed 
by  this  act,  shall  be  fined  not  less  than  fifty  dollars  nor  more  than 
two  hundred  dollars. 

Detail  of  slaves,  5.  It  shall  be  lawful  for  the  proper  authorities  of  the  Confederate 
States,  whenever  in  their  opinion  the  public  interest  may  require  it, 
to  detail  for  labor  in  the  business  and  at  the  place  from  which  they 
have  been  taken,  any  slaves  drafted  under  the  provisions  of  the  act 
hereby  amended,  or  of  this  act ;  but  in  no  case  shall  the.deficiency  in 
labor  on  the  public  works,  caused  by  such  detail,  be  supplied  by  a 
new  draft  on  the  other  slaveholders  of  the  county,  city  or  town  in 
which  the  detail  may  be  made ;  and  any  slaves  which  shall  be  ex- 
empted from  impressment  or  draft  by  any  law  of  the  Confederate 
States,  shall  be  regarded  as  detailed  under  the  provisions  of  this  act. 

clerk  and  sheriff     6.   The  clerk  and  sheriff  or  sergeant  shall  attend  the  sessions  of 

to  attend  court     ,,  ,  .  .  ,  '  ...  „ 

the  court  as  in  other  cases,  and  the  court  may  adjourn  from  time  to 
time  until  the  business  shall  be  completed. 

Duty  of  clerk  7.  Should  any  county  or  corporation  court  fail  or  refuse  to  dis- 
charge the  duties  hereby  imposed  on  them,  wholly  or  in  part,  it  shall 
be  the  duty  of  the  clerk  of  such  court  immediately  to  notify  the 


MILITARY   AFFAIRS.  4-5 

governor  thereof;  and  thereupon  it  shall  he  the  dutj'  of  the  latter,  i>uty  of  gover- 
unless  good  aud  sufficient  reasons  be  stated  by  the  court  for  such 
failure  or  refusal,  by  officers  and  agents  of  his  own  selection,  with 
the  aid  of  the  commissioners  of  the  revenue  of  such  county  or  cor- 
poration, who  are  hereby  required  to  render  such  aid  when  required, 
to  impress  from  said  county  or  corporation  such  proportion  of  the 
slaves  demanded  by  him  therefrom  as  may  not  have  been  furnished 
under  the  provisions  of  this  act.  The  slaves  thus  impressed,  together 
with  such  as  may  have  been  furnished  by  such  county  or  corporation 
under  this  act,  shall  not  exceed  one-fifth  of  the  number  of  male  slaves 
therein  between  the  ages  specified,  capable  of  performing  ordinary 
labor:  shall  be  apportioned  among  the  slaveholders,  as  herein  above 
set  forth,  and  shall  "be  turned  over  to  an  authorized  officer  or  agent' 
of  the  Confederate  States,  to  be  held  not  longer  than  sixty  days,  for 
the  uses  and  upon  the  terms  and  conditions  set  forth  in  the  first  sec- 
tion of  this  act.  Separate  receipts  shall  in  all  cases  be  executed  to  Receipts,  how 
the  owners  by  the  sheriff  or  other  person  seizing  or  taking  possession 
of  slaves  under  this  act;  and  receipts  shall  in  like  manner  be  taken 
by  the  sheriff  or  other  person  holding  them,  when  slaves  may  be 
turned  over  to  the  agent  or  officer  of  the  Confederate  States.  Slaves 
coming  into  the  possession  of  the  sheriffs,  sergeants  or,agents  of  the 
governor  under  this  act,  shall  be  regarded  as  in  the  possession  and 
service  of  the  Confederate  States  and  at  their  expense,  until  rede- 
livered to  their  owners.  For  every  seizure  of  a  slave  by  a  sheriff  or  Fee  of  sheriff 
sergeant  under  this  act,  he  shall  be  entitled  to  a  fee  of  five  dollars, 
to  be  paid  by  the  person  failing  to  deliver  such  slave. 

8.   In  making  the  requisition  authorized  by  this  act,  the  governor  Requisition  to  be 
is  required  to  equalize  the  burden,  as  near  as  may  be,  among  the  equa  ize 
several  counties,  cities  and  towns  of  the  commonwealth,  and  amongst 
the  citizens  thereof,  having,  when  practicable,  due  regard  to  the  num- 
ber of  slaves  theretofore  furnished  by  any  counties  or  corporations, 
or  the^citizens  thereof,  under  the  provisions  of  the  act  of  October 
third,  eighteen  hundred  and  sixty-two,  and  of  this  act,  and  under 
any  call  heretofore  made  by  the  president  or  secretary  of  war,  or  any 
officer  of  the  confederate  army;  and  for  this  purpose,  it  shall  be  the  Number  and 
duty  of  the  county  and  corporation  courts,  as  soon  as  may  be,  to  for-  to  be  forwarded 
ward  to  the  governor  the  number  and  time  of  service,  of  any  slaves 
heretofore  furnished  under  any  call  as  aforesaid,  so  that  the  equaliza- 
tion intended  by  this  section  may  be  made  to  apply  to  any  future  call 
for  labor  by  the  confederate  government. 

0.  Under  any  requisition  made  upon  any  county,  city  or  town,  it  slaves  to  be  in 
shall  be  lawful  for  any  number  of  persons  who  may  be  required  to  geer  or  agenT 
furnish  not  less  than  thirty  nor  more  than  forty  slaves,  to  place  such 
slaves  in  charge  of  an  agent  or  overseer  selected  by  such  owners, 
who  shall  deliver  them  to  the  confederate  authorities,  at  the  place 
where  the  labor  is  to  be  performed,  at  the  expense  of  the  Confederate 
States;  and  such  agent  or  overseer,  if  a  fit  and  proper  person,  shall 


46 


MILITARY  AFFAIRS, 


be  employed  by  the  confederate  government  as  the  agent  or  overseer 
How  discharged  in  charge  of  the  slaves  during  their  service  of  sixty  days;  and  such 
overseer  or  agent  shall  not  be  discharged  by  any  officer  of  the  con- 
federate government,  except  for  good  cause,  to  be  approved  by  the 
secretary  of  war;  provided,  that  if  the  requisition  on  any  county, 
city  or  town  shall  amount  to  only  twenty  slaves  and  less  than  thirty, 
in  such  case  an  overseer  or  manager  may  be  selected  as  aforesaid. 

Subsistence  10.    The  owners  of  slaves  may  furnish  them  subsistence  and  pro* 

Visions,  and  in  such  event  shall  be  allowed  commutation  in  money  in 
lieu  of  rations,  equal  to  the  commutation  allowed  soldiers  in  the 
service.  .  . 


Slaves  sent  vol-  11.  All  slaves  sent  voluntarily  by  their  owners  to  the  confederate 
authorities,  and  accepted  by  them,  shall  stand  on  the  same  footing 
as  if  sent  under  the  proceedings  required  by  this  act. 

12.  This  act  shall  be  forthwith  communicated  by  the  governor  to 
the '  president  of  the  Confederate  States.  Any  request,  for  slaves 
hereafter  made  by  the  president  on  the  governor  shall  be  regarded 
an  assent  to  and  acceptance  of  all  the  provisions  of  this  act  by  the 
Confederate  States. 

Commencement       13.   This  act  shall  be  in  force  from  its  passage. 


Act  to  be  com- 
municated to 
president 


Chap.  7. — An  ACT  to  amend  and  re-enact  the  ]2th  section  of  an  act  passed 
March  I3th,  1863,  entitled  an  act  to  amend  and  re-enact  an  act  further  to 
provide  for  the  Public  Defence,  passed  October  3d,  1862,  and  to  amend 
the  title  of  said  act. 

Passed  March  30>  1663. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  twelfth  section 
of  the  act  passed  March  thirteenth,  eighteen  hundred  and  sixty-three, 
entitled  an  act  to  amend  and  re-enact  an  act  further  to  provide  for 
the  public  defence,  passed  October  third,  eighteen  hundred  and  sixty- 
two,  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  12.  This  act  shall  be  forthwith  communicated  by  the  governor; 
to  the  president  of  the  Confederate  States,  and  shall  be  regarded  an 
act  regulating  the  mode  in  which  and  the  terms  upon  which  slaves 
in  this  state  shall  be  impressed  by  the  confederate  authorities,  under 
the  act  of  congress  entitled  an  act  to  regulate  impressments,  ap- 
proved March  twenty-sixth,  eighteen  hundred  and  sixty-three,  to  the 
extent  provided  for  in  the  act  to  which  this  act  is  amendatory.  Any 
call  for  slaves  hereafter  made  by  the  president  on  the  governor,  shall 
be  regarded  an  assent  to  and  acceptance  of  all  the  provisions  of  this 
act  by  the  Confederate  States." 

Title  amended        2.   Be  it  further  enacted,  that  the  title  of  said  act  of  March  thir- 


Act  of  1863 
amended 


How  amended 

As  to  impress- 
mentB 


MILITARY   AFFAIRS.  .  4? 

teenth,  eighteen  hundred  and  sixty-three,  he  amended  and  re-enacted 
so  as  to  read  as  follows  : 

"An  act  to  amend  and  re-enact  an  act  further  to  provide  for  the  Title 
puhlic  defence,  passed  October  third,  eighteen  hundred  and  sixty- 
two,  and  to  regulate  the  impressment  of  slaves  by  the  Confederate 
srovernment." 


Chap.  8. — An  ACT  to  amend  and  re-enact  section  3d  of  an  act  passed  May 
14th,  1862,  entitled  an  act  to  organize  a  Home  Guard. 

Passed  March  30,  ]  863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  third  section  of  Act  of  1862 
an  act  passed  May  fourteenth,  eighteen  hundred  and  sixty-two,  en- 
titled an  act  to  organize  a  home  guard,  be  amended  and  re-enacted 

§o  as  to  read  as  follows  i  ■       .    ■ 

"  §  3.   The  said  companies  shall  operate  as  a  guard  and  police  Guard,  &c 
for  their  respective  counties  during  the  war,  and  shall  arrest  all  de-  Deserters,  how 
serters  from  the  army  found  within  the  limits  thereof;  and  the  officer  arre8ie 
in  command  is  hereby  authorized  to  order  such  force  to  rendezvous  at 
any  point  that  he  may  determine  upon,  whenever  in  his  opinion  the 
interests  of  the  county  may  require  it.     Whenever  two  or  more  com-  when  major 
panies  shall  be  organized  in  a  county,  they  may  elect  a  major,  who  may 
shall  be  commissioned  by  the  governor  to  command  the  whole :  pro-  Proviso 
vided,  however,  that  the  troops  hereby  authorized  to  be  raised  shall 
not  be  marched  beyond  the  limits  of  their  respective  counties,  against 
their  consent,  or  kept  in  active  service  for  more  than  thirty  days  at 
any  one  time." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement .  • 


Chap*  9. — An  ACT  to  refund  Money  received  for  Exemption  from  Military 

Duty. 

Passed  January  19,  1863. 

Whereas  the  exemptions  intended  and  provided  by  the  act  of  preamble 
assembly  entitled  an  act  providing  for  the  exemption  of  certain  par- 
ties upon,  religious  grounds,  passed  March  twenty-ninth,  eighteen 
hundred  and  sixty-two,  by  subsequent  legislation  of  the  congress  of 
the  Confederate  States,  may  have  been  rendered  of  none  effect  to 
parties  who,  upon  the  faith  of  said  act  of  assembly,  have  paid  motley 
to  the  state  according  to  the  provisions  thereof:  Therefore, 

1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  in  all  when  money  to 
eases  where  such  persons  have  served  in  the  army  of  the  Confederate  a^duoT^^  by 


4S 


MILITARY   AFFAIRS. 


States,  in  pursuance  of  the  legislation  of  the  Confederate  States,  or 
shall  have  paid  the  commutation  for  such  service,  as  specified  in 
the  legislation  aforesaid,  the  auditor  of  public  accounts  be  authorized 
and  required  to  issue  his  warrant  upon  the  treasury  of  the  common- 
wealth, in  favor  of  any  such  person  from  whom  commutation  money 
may  have  been  or  may  hereafter  be  received  into  the  treasury  under 
said  act  of  assembly,  or  who  may  have  served  in  the  confederate 
army,  and  shall  have  continued  in  service  or  been  discharged  there- 
from, for  the  amount  actually  so  received,  but  not  including  any  costs 
attending  the  collection. 

2.  That  any  sheriff  of  a  county  or  collector  of  taxes  for  a  city  or 
town,  who  may  have  in  his  hands  commutation  money  received  under 
the  provisions  of  the  said  act  of  assembly,  and  not  yet  paid  into  the 
state  treasury,  be  authorized  and  required  to  refund  the  same,  de- 
ducting his  commissions  for 'collection,  to  such  person  or  persons  as 
aforesaid,  from  whom  the  same  may  have  been  collected ;  and  the 
receipts  of  the  parties  to  whom  such  repayments  shall  be  made,  shall 
be  vouchers  to  such  officers  in  their  settlements  with  the  auditor  of 
public  accounts,  required  by  said  act  of  assembly. 

Commencement       3. '  This  act  shall  be  in  force  from  its  passage. 


When  sheriff 
may  refund 


Xct  of  1863 
amended 


When  auditor 
issue  warrant 


Costs 


Chap.  10.- — An  ACT  to  amend  and  re-enact  the  1st  section  of  an  act  entitled 
an  act  to  refund  Money  received  for  Exemption  from  Military  Duty,  passed 
January  19,  1863. 

Passed  February  5,  1863.       • 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 
the  act  entitled  an  act  to  refund  money  received  for  exemption  from 
military  duty,  passed  January  nineteenth,  eighteen   hundred   and 

sixty-three,  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

• 
"  §  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 
auditor  of  public  accounts  be  authorized  and  required  to  issue  his 
warrant  on  the  treasury  of  the  commonwealth,  in  favor  of  any  person 
from  whom  commutation  money  may  have  been  or  may  hereafter 
be  received  into  the  treasury,  under  said  act  of  assembly,  for  the 
amount  actually  so  received,  but  not  including  any  costs  attending 
the  collection." 


Commencement       2.    This  act  shall  be  in  force  from  its  passage. 


M-JLITARY  AFFAIRS.  ;  49 


Chap.  1 1. — An  ACT  to  amend  and  re-enact  the  1st  section  of  an  act  entitled 
an  act  to  'refund  Money  received  for  Exemption  from  Military  Duty, 
passed  January  19,  1883,  and  for  other  purposes. 

Passed  March  19,  1S63. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  'section  of  Acts  of  ie<n 
an  act  entitled  an  act  to  refund  money  received  for  exemption  from  ' 
military  duty,   passed  January  nineteenth,  eighteen  hundred  and 
sixty-three,  as  amended  and  re-enacted  by  an  act  entitled  an  act 

to  amend  and  re-enact  the  first  section  of  an  act  to  refund  money 
received  for  exemption  from  military  d-uty,  passed  February  fifth, 
eighteen  hundred  and  sixty  three,  be  amended  and  re-enacted  so  as 
to  read  as  follows  i 

"§  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  "When  vnunj& 
auditor  of  public  accounts  be  authorized  and  required  to  issue  his 
warrant  on  the  treasury  of  the  commonwealth,  in  favor  of  any  per- 
son, or  his  personal  representative,  from  whom  it  may  appear,  by  the 
returns  of  the  sheriffs  or  other  satisfactory  evidence,  commutation 
money  may  have  been  or  may  hereafter  be  received  into  the  treasury, 
nnder  said  act  of  assembly,  for  the  amount  so  actually  received,  but 
not  including  any  costs  attending  the  collection  of  the  same." 

2.  This  act  shall  be  in  force  from  its  passage.  CoiraiecccmsBi 


Chap.  12.— An  ACT  to  amend  the  loth  section  of  chapter  23  of -the  Code, 
so  as  to  allow  but-one  Major  to  each  Regiment. 

Passed  February  7,   18ra. 

.1.   Be  it  enacted  by  the  general  assembly,  that  the  fifteenth  sec-  Code  aaisoa&d 
tion  of  chapter  twenty-three  of  the  Code  be  amended  and  re-enacted 
so  as  to  read  as  fellows ; 

"  §  15.   There  shall  be  a  major  general  for  each  division ;  a  briga-  What  officer? 
dier  general  for  each  brigade;  a  coionel,  lieutenant  colonel  and  a  separate  military 
major  for  each  regimenj ;  a  captain,  first  lieutenant  and  second  lieu-  or^a5i:iUtIon* 

tenant,  four  sergeants  and  four  corporals  for  each  company. "> 

-» 

2.   This  act  shall  be  in  force  from  its  passage.  Comw«>*:em«it 


Chap.  13.— An  ACT  authorizing  the  Auditing  Board  Pb  pay  Junior  Majors 
of  Militia  Regiments,  for  Service  actually  performed.. 

Passed  March  19, 1S63V 

.  1.   Be  it  enacted  by  the  general  assembly,  that  whenever  any  re-  junior rnafcrs, 
gunent  of  Virginia  militia  has  been  called  into  service  by  competent w  eB  p/v,d 
4 


50  Military  affairs. 

authority,  in  which  there  shall  have  been  two  majors  appointed  an<$ 
commissioned  according  to  law,  and  the  junior  major  shall  have  ac- 
tually served  therein,  it  shall  he  lawful  for  the  auditing  hoard,  upon- 
proof  of  such  service,  to  allow  compensation  to  the  said  junior  major: 
for  fhe  time  he  shall  have  actually  served,  at  the  rate  of  one  hundred' 
dollars  per  month ;  to  be  paid  as  other  allowances  made  hj  them  arc 
paid. 

commencement      %.   This  act  shall  be  in  force  from  its  passage. 


Chap.  14. — An  ACT  amending  and  re-enacting  an  ordinance  of  fhe  Con- 
vention concerning  the  Aids  to  the  Governor. 

Passed  Martin  25,  1863. 

Ordinance  1.   Be  it  enacted  by  the  general  assembly,  that  the  ordinance 

passed  June  twenty-ninth,  eighteen  hundred  and  sixty-one,  entitled 
an  ordinance  concerning  the  appointment  of  aids  by  the  governor  of 
the  commonwealth,  shall  be  and  is  hereby  amended  and  re-enacted 
so  as  to  read  as  follows : 

Number  of  jiids  "  §  8.  The  governor  of  the  commonwealth  is  anthorized-  to  ap- 
fppoiuT  may  point,  during  the  war,  three  aids,  wish  the  rank  of  lieutenant  «oloneI: 
who  to  receive  of  cavalry ;  but  only  one  of  said  aids,  to  be  designated  by  the  go- 
pay  vernor,  shall  receive  any  pay,  emoluments  or  perquisites  for  Iris  ser- 

vices ;  and  he  shall  be  entitled  to  *he  pay  of  saptain  of  cavalry." 

Commencement      2.  This  act  shall  be  in  force  from  its  passage. 


Chap.  15. — An  ACT  establishing  an  Agency  in  the  City  of  Richmond,  fo? 
receiving  and  forwarding  Clothing,  Shoes  and  other  supplies  to  Virginia 
Soldiers. 

Passed  March  9,  1863. 

Agent,  how  ap-  1.  Be  it  enacted  by  the  general  assembly^  that  the  governor  be 
aeiTor"  ' an  U  and  he  is  hereby  authorized  to  appoint  an  agent,  who  3hall  reside  in 
the  city  of  Bichmond,  whose  duty  it  shall  be  to  receive  and  forward 
to  the  soldiers  and  offieers  in%  the  confederate  service  from  the  state 
of  Virginia,  any  contributions  of  clothing,  shoes  or  other  supplies 
which  may  be  furnished  by  the  families  or  friends  of  such  soldiers  or 
officers.  The  said  agent  shall  also  receive  and  take  eare  of  all  hos- 
pital stores  that  may  be  contributed  or  purchased  for  the  use  of  the 
sick  or  wounded  soldiers  of  Virginia,  and  shall  give  out  and  dispense 
the  same  on  requisitions  from  the  attending  physicians  or  snrgeone 
of  such  sick  or  wounded  soldiers. 

r>er>ot,  how  pro-     2.  The  agent  so  appointed  shall,  under  the  direction  of  the  gover- 


military  ai'tairs.  ol 

.'wot,  -provide  a  suitable  place  in  the  city  of  Richmond,  for  the  deposit 
and  safe  keeping  of  such  contributions  until  the  same  can  be  trans- 
ported to  the  pla-ces  of  their  destination.  He  shall  make  such  ar-  Transportation. 
rangemcnte  as  may  be  practicable  witii  the  quartermaster's  depart- 
cnent  of  the  Confederate  States,  for  the  safe  and  speedy  transporta- 
tion of  such  contributions  ;  and  he  may  hire  means  of  transportation, 
or  with  the  approval  of  the  governor,  he  a*ay  purchase  wagons  and 
teams  for  that  pin-pose,  and  employ  teamsters  and  other  -agents  to 
aid  and  superintend  the  safe  and  speedy  teassmission -of  articles  de- 
posited with  said  agent. 

■3.   It  shall  be  the  duty  -of  said  agent,  as  scon  as  he  shall  have  re-  ©uty  of  a^ent 
'ceived  his  appointment,  and  shall  have  secured  a  suitable  place  of 
deposit  for  the  contributions  which  majr  be  made,  to  advertise  for 
three  months,  in  all  the  newspapers  published  in  the  city  of  Rich- 
mond, the  purposes  and  objects  of  his  agency,  and  the  p!ace  of  his 
location.     He  shall  receive  a  salary  not  exceeding  fifteen  hr.ndrcd.S;uary 
dollars,  ancUsliall,  if  necessary,  employ  clerks,  not  exceeding  two  in  Clerks 
number,  who  shall  receive  a  salary  not  exceeding  seven  hundred 
dollars  each  :  provided,  that  nothing  herein  contained  shall  .prevent  Soldiers  may  be 
the  detailing  of  soldiers  unfit  for  field  duty,  to  act  as  the  agent  or 
'clerks,  in  lieu  of  the  oSicers  aforesaid,  whenever  the  consent  of  the 
Confederate  States  government  can  be  obtained  therefor ;  provided,  Bond,  hew  gftjaa 
that  before  the  agent  to  be  appointed  by  the  governor  shall  proceed 
to  discharge  the  duties  of  his  agency,  he  shall  enter  into  bond  with 
approved  security,  before  the  clerk  of  the  circuit  court  of  the  city  of 
Richmond,  in  the  penalty  of  twenty  thou3and  dollars,  with  a  condi- 
tion for  the  faithful  performance  of  all  the  duties  required  by  this 
■act.     And  any  party  who  may  be  injured  by  the  default  or  negli-  Remedy  a^ainta 
gence  of  said  agest,  may  reee'ver  judgment  against  him,  by  motion,  asrea' 
•upon  ten  days'  notice,  before  the  circuit  court  of  the  city  of  Rich- 
mond. 

4.  In  order  to  carry  out  the  purposes  of  this  act,  the  sum  of  Appropriation 
twenty -five  thousand  dollars  is  hereby  appropriated. 

5.  This  act  shall  be 'in  force  from 'its  passage.  Commea'ceaent 

0 


'Chap.  16.— kn  ACT  to  authorize  the  use  of  the  lails  of  the  State  by  the 
Confederate  States. 

Passed  March  16,  1863, 

1.   Be  it  enacted  by  the  general  assembly,  that  any  pel-son  who  when  persons 
lias  been  or  may  be  hereafter  arrested  upon  due  authority,   and  co^fed^ratelawe 
charged  with  violating  any  military  law  of  the  Confederate  States,  ^^0°™^ 
shall,  upon  the  warrant  of  commitment  of  the  officer   or  person 
snaking  the  arrest,  be  received  into  jail  by  the  jailor  of  any  county 


52  MILITARY    AFFAIRS.- — -SALT, 

or  corporation  of  this  commonwealth,  and  by  him  safely  kept,  accord- 
ing to  the  -warrant  of  commitment,  imtil  discharged  by  the  proper 
p-SvrJ  authorities,  or  by  due  process  of  law.     But  this  section  shall  "not  be 

construed  to  exclude  from  such  jail  any  prisoner  who  has  been  or 
may  be  committed  thereto  by  any  of  the  authorities  of  this  common- 
wealth.     -  ^ 

feia  c-r  jailor  2.'  The  jailor  shall,  for  the  support  of  any  such  prisoner,  be  paid 
by  the  Confederate  States  the  same  amount  allowed  by  law  for  keep- 

D'.-'yof  jailor  mg  and  feeding  other  prisoners.  And  the.  jailor,  for  a  failure  of 
duty  as  to  any  such  prisoner,  shall  be  liable  to  the  Confederate  States 
indike  manner  as  he  would  to  the  state  in  case  of -a  prisoner  com- 
mitted under  its  authority. 


ISa-CEfft'lKCIlt 


3.   This  act  shall  be  in  force  from  its  passage,  and  continue  in  forc^ 
during  the  present  war, 


Chaf.  17 .-—All  ACT  to  provide  for  the  Production  and  Distribution  of  Salt. 
fassed  March  30,  1863. 

Su^srWndout       !•   Be  it  enacted  by  the  general  assembly,  that  there  shall  be  and 

sa/iry works  is  hereby  created  the  office  of  "superintendent  of  salt  works,"  with 
an  annual  salary  of  five  thousand  dollars,  payable  quarter  yearly. 

Haw  elected  Such  superintendent  shall  be  elected  by  the  general  assembly,  at  its 
present  session,  and  annually  thereafter,  while  this  act  is  in  force, 

how  removable  and  shall  be  removable  only  by  joint  vote  of  the  two  houses,  or  in 
the  recess  of  the  assembly,  by  the  board  of  supervisors  herein  after 

B*n<5  hew  given  mentioned.  Ho  shall,  within  thirty  days  after  his  election,  enter  into 
bond,  with  sufficient  sureties,  before  the  secretary  of  the  common- 
wealth, to  be  approved  by  him,  in  the  penalty  of  two  hundred  thou- 
sand dollars,  conditioned  for  the  faithful  discharge  of  his  duties  under 

;.£.««  of  -.a      this  and  any  future  act.     In  case  said  superintendent  fail  to  execute 

ti~"y  said  bond  as  required,  or  from  any  cause  a  vacancy  may  occur, 

another  shall  be  appointed  by  said  board,  subject  to  the  same  terms 
^  and  conditions.  And  that  whenever  the  superintendent  shall  become 
interested  directly  or  indirectly  in  the  manufacture  or  sale  of  salt, 
his  office  shall  be  declared  vacant,  and  his  successor  appointed  by  the 
.  board  of  supcrvisoi's :  and  provided,  that  the  superintendent  who  shall 
be  elected  by  the  general  assembly,  shall  in  no  event  become  inte- 
rested in  the  property  leased  to  or  purchased  by  the  state,  as  sub- 
lessee or  sub-contractor,  or  otherwise. 

Duties  of  surer-      2.   The  superintendent  shall,  under  the  control  and  management 

wnendent  0^  ^c  board  of  supervisors,  manage  and  dispose  of  the  property, 

real  and  personal,  leased,  acquired  and  held  of  Stuart,  Buchanan  and 

Company,  under  a  contract  made  by  the  .commonwealth  with  said 

Stuart,  Buchanan  and  Company,  bearing  date  the  twenty-fifth  day  of 


SALT.  • '  ■  0& 

March,  eighteen  hundred  and  sixty-three,  and  6uch  other  property  as 
may  be  acquired  under  the  provisions  of  this  act.  He  shall  also,  un-  Power?,  nnder 
"der  the  like  control  of  said  board,  have  power  to  lease  any  real  pro- 
perty, and  to  purchase  -any  personal  property  necessary  to  secure  a 
supply  of  salt  for  the  people  of  the  commonwealth,  and  the  distribu- 
tion of  the  same ;  to  contract  for  all  needful  supplies,  and  to  hire  all 
necessary  labor  for  operating  the  said  works  ;  and  if  tmable  to  agree 
upon  the  prions  to  be  paid  for  said  leases  or  personal  property,  sup- 
plies and  labor,  with  the  owners,  he  shall  have  power  to  impress  the 
same,  under  the  control  of  said  board ;  and  if  the  said  Stuart,  Bu- 
chanan and  Company  shall  fail  to  comply  with  their  said  contract,  or 
any  part  thereof,  the  said  superintendent  shall  have  the  like  power 
and  authority  to  impress  their  property  described  in  said  contract. 

3.  The  board  of  public  works  shall,  ex-offieio,  constitute  a  board  Board,  iio-w  «<m- 
<of  supervisors.     The  members  of  said  board,  in  addition  to  the  salary 

and  expenses  now  paid  them  by  law,  shall  be  paid  their  necessary 
traveling  expenses  under  this  act. 

4.  It  shall  be  the  duty  of  the  superintendent,  under  the  control  of  Duty  of  super 
the  board,  to  confirm  and  continue  the  existing'  leases  of  the  fosr  i"  o'ufirm  an<i 
furnaces  now  leased  to  Clarkson,  Friend,  Kelley  and  Gardner,  except  Exception'31108 
ihat  in  the  event  of  the  faiiure  of  Any  of  these  lessees  to  comply  with 

the  terms  and  provisions  of  their  contracts  of  lease,  he  shall  resume 
possession  of  the  same,  and  either  relet  the  furnace  to  other  parties, 
or  he  shall  operate  it  "for  the  commonwealth,  as  shall  appear  expedient. 
And  as  to  the  six  remaining  furnaces  acquired  under  the'eontraei  other  furnace* 
.aforesaid,  the  said  superintendent  shall  have  power  and  authority  in 
like  manner  to  either  lease  the  same,  or  any  of  them,  or  else  to  ope- 
rate them  for  and  on  behalf  of  the  commonwealth,  as  shall  appear 
&es£.  • 

5.  The  superintendent  shall  have  power  to  appoint,  and  remove  Snpermtenaoni 
at  his  discretion,  the  following  assistants,  viz:  one  deputy  manager,  tant^"1/ 

at  a  salary  of  two  thousand  dollars,  and  one  clerk,  at  a  salary  of  two  Their  t&i&riea 
thousand  dollars. 

d.   The  superintendent,  under  the  control  of  the  board  of  supevvi-  Couiroi  of  truce 
sors,  shall  have  control  of  transportation  on  the  several  rail  roads  in  por  auon 
the  commonwealth,  for  the  conveyance  of  supplies  to  the  salt  works, 
and  for  distribution  of  salt  Jhroughout  the  state,  with  power,  if  neces- 
sary, under  like  control,  to  impress  the  same.     He  shall  make  distri-  Salt,  how  fijatri- 
bution  among  the  several  counties,  cities  and  towns,  from  day  to  day, 
or  from  time  to  tinte,  and  in  quantities  proportioned  to  their  whole 
populations  repectively,  as  he  may  be  directed  by  the  said  board  of 
supeiwisors  :  provided  the  superintendent,  under  the  direction  of  the 
board  of  supervisors,  shall  distribute  salt  with  reference  to  cattle  and 
other  stock  requiring  salt,  after  distributing  twenty  pounds  to  each 
person. 

7.   For  the-  purpose  of  ascertaining  the  value  of  the  property,  real  Value  of  im* 


54.  SALT. 

pressed  pro-        and  personal,  impressed  under  the  second  section  of  this  a*t,  it  s?iaO 

t'«rt^ied%  be  lawful  for  the  superintendent  to  appoint  one  assessor,  and  the 

owner  or  owners  another  assessor,  and  these  two  shall  appoint  a 

i>aiy  of  anaes-  third  ;  and  it  shall  he  the  dnty  of  these  three,  or  a  majority  of  them, 
to  assess  the  value  of  all  property  impressed  under  this  aet.  They 
shall  mafce  duplicate  statements  of  every  such  assessment,  and  which 
being  endorsed  by  the  superintendent,  they  shall  return  one  copy 
thereof  to  the  board  of  supervisors,  and  deliver  the  other  to  the 
owner  of  the  property  taken.  Upon  such  certified  statement,  jth* 
owner  may  demand  and  receive  payment  from  the  treasury  of  the 

f{ow,  :n  ease       amount  so  assessed.     If  the  owsier  in  any  ease  fail  or  refuse  to  ap - 

( vvii-iT  refuse  to  .  ,.  ,     i,    ?     "  i      ,         ■•  ' 

anoint  assessor posnt  an  assessor,  the  assessment  shall  be  made  by  the  assessor  ap- 
>  pointed  by  the  superintendent ;  and'  thereupon,,  like  proceedings  shall 

be  had  as  in  other  eases. 

Assessor*  of  real      8.   For  an  assessment  foif  the  use  of  real  property,  the  board  of 
appointed  supervisors-  shall  appoint  the  assessor  on  behalf  of  the  commonweal  tin 

and  said  board  shall  select  the  arbitrator  to  be  chosen  by  the  state, 
under  the  contract  with  Stuart,  Buchanan  and  Company,  for  ascer- 
taining the  price  to  be  paid  for  the  lease  and  property  agreed  to  be 
sold  by  said  contract. 

Appeal,  wii»a         9.    Appeal  shall  lie  from  the  decision  of  the  assessors  to  the  circuit 

ftUorceci  ......  .     .  - 

court  oi  the  county  or  corporation  in  which  the  property  is  impressed ; 
and  the  proceedings  shall  be,  mutatis  mutandis,  according  to  the 
eleventh  and  twelfth  sections  of  chapter  fifty-six  of  the  Code  of  Vir- 
ginia, edition  of  eighteen  hundred  and  sixty ;  except  that  the  com- 
monwealth shall  not  be  required  to  pay  the  money  into  court,  nor  to 
the  party  entitled  thereto,  before  the  decision  of  the  appeal ;  nor 
No  fnjusctiontfr  shall  any  court  or  judge  grant  injunction,  for  any  cause,  to  restrain 
.  •        the  commonwealth  from  taking  possession  of  the  property  impressed. 

Yr-ination,  ho-.y  10.  The  superintendent's  certificate,  approved  by  the  board  of 
supervisors,  shall  entitle  the  holder,  whose  property  may  have  been 
purchased  or  hired,  to  present  the  same  to  the  auditor  of  public  ac- 
counts, and  receive  payment  thereof;  and  in  like  manner,  shall  en- 
title Stuart,  Buchanan  and  Company  to  receive  the  amount  that  may 

be  ascertained  to  be  due  them  under  the  contract  aforesaid. 

-*       ' 

Salt.,-  how  sola  11.  The  salt  so  manufactured  shall  be  sold  at  cost^  for  cash,  and 
3:1  CehvL'red  ])e  distributed  to  the  different  counties,  cities  and  towns,  through  duly 
accredited  agents,  to  be  appointed  by  the  county  and  corporation- 
courts  respectively,  or  where  said  courts  cannot  meet  because  of  the 
presence  or  proximity  of  the  public  enemy,  by  the  board  of  super- 
visors, on  the  recommendation  of  any  three  or  more  justices  of  said 
county,  or  of  the  senator  and  delegate  or  delegates  representing  such 

Trice,  how  fixed  county  in  the  general  assembly;  and  in  order  to  do  so,  it  shall  be 
the  duty  of  the  board  of  supervisors  from  time  to  time  to  ascertain, 
as  near  as  may  be,  the  actual  cost  of  production  and  distribution, 
and  fix  the  price  accordingly,  so  as  to  cover  such  entire  cost. 


-    .  .    -SALT.  5S 

12,  "Any  surplus of  salt,  after,  supplying  the  wants  of  the  people  Surplus, haw 
«of  this  state,  may  be  sold  to  the  confederate  government,  or  to  any  1Si>0b<: 
of  the  states,  or  to  citizens  thereof,  under  rules  and  regulations  to  be 
prescribed  by  the  board  of  supervisors. 

.  13.    The  superintendent  shall  make  monthly  reports  of  his  trans-  Monthly  reports 
•actions  to  the  boaril,  and  shall  account  to  tkem  for  all  funds  received  dent 
by  him,  and  shall  pay  the  same  into  the  treasury,  when  ordered  by 
&he  said  board.  t 

14.  The  board  of  supervisors  shall  make  report  of  their  proceed-  Monthly  report* 
dngs  under  this  act,  monthly  to  the  governor,  and  shall  also  report  to  pervisora 

ithe  general  assembly,  at  each  of  its  sessions  during  the  continuance 
of  this  act. 

15.  The  sum  of  &ne  million  of  dollars  is  hereby  appropriated  to  Amount  appro  - 
.carry  into  effect  the  provisions  of  this  act,  to  be  paid  out  of  any' 

money  in  the  treasury  not  otherwise  appropriated ;  and  such  additional 
.sums  are  hereby  appropriated  as  may  be  paid  into  the  treasury  from 
lime  to  time  from  the  proceeds  of  the  sale  of  salt,  or  so  much  thereof 
;as  may  be  accessary  for  the  purposes  of  this  act. 

16.  All  acts  and  .parts  of  acts  inconsistent  with  this  act  .arc  hereby  Repcaimgciaa&s 
(repealed. 

17.  This  act  shall  fee  in  force  from  its  passage.  '  Connnencenj«H* 


Chap.  18. — An  ACT  to  authorize  tse  appointment  of  an  Inspector  of  Salt 
Passed  March  30,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  board  of  public  inspector -of 
works  shall  appoint  an  inspector  of  salt,  to  reside  at  Saltville;  and  pointed™  ap 
sfor  every  five  bushels  thereof  inspected,  one-half  of  one  cent  shall  ,> 
be  charged,  and  at  that  rate  for  any  less  quantity  than  five  bushels ; 

which  fees  shall  be*  paid  to  fee  inspector  by  the  producer  of  the  salt; 

and  no  salt  shall  be  transported,  sold  and  delivered,  or  removed  from' salt  to  be  in- 

ihe  plaee  where  it  is  produced,  unless  inspected.  .'       -  spected 

2.  The  board  ©f  public  works  may  eaase  the  salt  produced  by  the  Salt  of  state  to 
state  to  be  inspected  in  like  manner,  and  for  which  like  fees  may  be   e  1HSpec 
paid  to  the  inspector.     If  any  person  shall  transport  or  remove,  or 

attempt  to  transport  or  remove,  or  sell,  or  offer  to  sell  any  salt,  with- 
out the  same  having  been  Inspected,  he  shall  forfeit  five  dollars  for 
each  barrel,  cask,  box  or  bag  so,  transported,  removed  or  offered  for 


3.    The  board  of  public  works  may  prescribe  further  rules  and  re-  Rules  and  regw 
■gulations  for  the  inspection  of  salt;  but  no  inspection  shall  be  had  of  scribed   owpre~ 
,salt  manufactured  by  the  agents  manufacturing  for  other  states. 


56  SALT. CHANGES    IN   CODE. 

■  4.  Any  inspector,  with  the  approbation  of  the  board  of  public 
works,  may  appoint  one  or  more  deputies  to  assist  him,  for  whose 
acts  his  principal  shall  be  liable,  and  be  entitled  to  the  same  fees  as 
his  own! 

5.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

ttommeneement       6.    This  act  shall  be  in  force  from  its  passage-. 


Chap.  19. — An  ACT  to  amend  and  re-enact  an. act  entitled  an  act  to  amend 
section  11  of  chapter  2&  of  the  Code,  so  as  to  exempt  i'he  property  of  per- 
sons in  the  military  service  of  the  State  from  distress  for  rent  payable  ia 
money,  passed  February  19th,  1862. 

• 
Passed  February  16,  1803. 

Act  of  1862  1.   Be  it  enacted  by  the  general  assembly,  that  the  act  entitled  an 

".mended  act  to  amend  the  eleventh  section  of  Chapter  twenty-nine  of  th@ 

Code,  so  as  to  exempt  the  property  of  persons  in  the  military  service 
of  the  state  from  distress  for  rent  payable  in  money,  passed  February 
nineteenth,  eighteen  hundred  and  sixty-two,  be  amended  and  re-en- 
aeted  so  as  to  read  as  follows  ? 

.u#ai  proceed-        "  §  11.   No  proceeding  shall  be  had  at  law  or  in  equity  against  the 
sona  ia  military  person  or  property  of  any  one  ordered  into  actual  service,  whether  of 


nervi«e 


this  state  or  the  Confederate 'States,  or  against  his  surety,  from  the 
time  such  person  shall  be  ordered  to  the  place  of  rendezvous  until 
thirty  days  after  his  term  of  service  shall  have  expired ;  and  if  any 
such  proceeding  has' been  or  shall  be  commenced,  the  court  in  which, 
or  the  justice  before  whom  it  may  be  had,  at  any  stage  of  such  pro- 
ceedings, in  the  discretion  of  said  court  or  justice,  may  dismiss,  dis- 
continue or  stay  the  same,  or  make  such^  other  order  in  regard  thereto 
as  may  be  deemed  proper  to  give  effect  to  the  provisions  of  this  sec- 
tion :  nor  shall  the  property  of  any  person  be  sold  under  any  deed  of 
trust  while  he  is  in  such  actual  military  service,  nor  for  thirty  days 
after  his  term  of  service  shall  have  expired.  The  exemption  provided 
by  this  section  shall  not  apply  to  proceedings  in  criminal  cases,  nor 
to  any  suit  or  proceedings  against  any  person  for  a  tort,  nor  to  any 
person  who  shall  have  incurred  a  liability  as  an  officer  of  the  conu 
monwealth  or  of  any  court,  or  to  any  of  his  sureties  as  such  officer, 
or  to  any  person  who  shall  have  employed  a  substitute  to  perform  hia 
tour  of  duty ;  nor  shall  it  prevent  the  granting  or  reinstating  of  any 
injunction :  provided,  however,  that  trials  in  actions  for  tort  against 
such  persons  may  be  stayed  by  the  court,  in  its  discretion  in  which  ' 
such  action  is  brought,  so  long  as  such  person  may  be  in  such  actual 
military  service."  ♦ 

Oojameaccment      2.   This  act  shall  be  in  force  from  its  passage.. 


.CHANGES   IN   CODE.  57 


Chap.  20.— An  ACT  amending  and  re-enacting  the  19th  section  <rf  chapter 
61  of  the  Code  of  Virginia  (edition  of  1.860),  so  as  to  require  Rail  Road 
Companies  to  give  receipts  showing  the  Weights  for  Freights.  • 

Passed  March  1 1,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  nineteenth  sec- -Code  amended 
tion  of  chapter  sixty-one  of  the  Code  of  Virginia  (edition  of  eighteen 

hundred  and  sixty),  be  amended  and  re-enacted,  so  as  to  read  as , 
follows : 

"  §  19.  On  a  rail  road  on  which  different  rates  are  not  prescribed  by  Rates  of  trane- 

i       <•  ii  '     ■  en  -if  •  portation  on 

law,  the  lollowing  rates  ol  toll  may  be  charged  tor  transportation,  to  persons  and  pro- 
wit  :  Of  a  person  and  his  baggage,  within  a  hundred  and  fifty  pounds, 
not  exceeding  six  cents  per  mile :  of  produce  and  other  articles,  ex- 
cept gypsum,  lime,  guarlo,  and  other  specific  manures,  not  exceeding 
eight  cents  per  ton  per  mile ;  and  gypsum,  lime,  guano,  and  other 
specific  manures,  not  exceeding  four  cents  per  ton  of  twenty-two  hun- 
dred and  forty  pounds  per  mile;  and  for  the  transportation  of  any 
person,  or  of  any  produce  or  other  articles  for  a  distance  less  than  ten 
rhiles,  a  charge  may  be  made  at  the  foregoing -rates  as  for  ten  miles : 
and  where  articles  weigh  less  than  four  pounds  to  the  cubic  foot,  a  what  rates 

n  ,ii'i  i  i         i  •  <■*•  i     when  articles 

toll  may  nevertheless  be  charged  on  each  cubic  foot  as  for  four  pounds  weigh  less  than 
weight :  and  when  the  articles  in  any  one  consignment  weigh  less    ur  pou 
than  one  hundred  pounds,  a  toll  may  be  charged  on  the  same  as  for 
one  hundred  pounds  weight.     If  for  the  transportation  of  any  person 
with  his  baggage,  or  for  any  consignment,  the  whole  charge  at  the 
rates  before  mentioned  would  be  less  than  twenty-five  cents,  the  same 
may  nevertheless  be  charged  as  a  minimum.     Eeceipts  shall  be  Receipts,  how 
given  for  transportation  of  articles,  in  which  shall  be  specified  the 
weight  of  such  articles,  and  the  rates  of  toll  thereon  charged,  accord- 
ing to  such  weight,  except  where  such  articles  weigh  less  than  four 
pounds  to  the  cubic  foot.     For  the  weighing,  storage  and  delivery  Chmgo 
of  articles  at  any  depot  or  warehouse  of  the  company,  a  charge  may 
also  be  made,  not  exceeding  the  ordinary  warehouse  rates  charged    k 
in  the  town  in  which  or  nearest  to  which  the  depot  or  warehouse 
is  situated." 

2.  This  act  shall  be  in  foroe  from  its  passage.  Commencement 


Chap.  21.— An  ACT  io  amend- the  43d,  44th  and  45th  sections  of  chapter  87 
of  the  Code,  so  as  to  increase  the  Fees  of  Tobacco  Inspectors. 


Passed  March  3,  1863. 


1.  Be  it  enacted  by  the  general  assembly,  that  the  forty-third,  forty-  Code  amended 
fourth  and  forty-fifth  sections  of  chapter  eighty-seven  of  the  Code  of 
Virginia  (edition  of  eighteen  hundred  and  sixty),  be  amended  and 
re-enacted  so  as  to.  read  as  follows ; 


58*    .  CHANGES   IN    CODE. 


Feefi  to  inspoc  "§43.  There  shall  be  paid  to  said  inspectors,  for  each  hogshead 
or  casklnpected  by  them,  one  dollar  for  opening,  inspecting,  cooper- 
ing up,  furnishing  nails,  marking  and  weighing  it. 

Fees  "  §  44.   For  every  hogshead  or  cask  of  the  weight  aforesaid,  of  in- 

spected tobacco,  received  on  storage  at  any  warehouse,  there  shall  be 
paid  to  the  inspector  thereof  one  dollar  for  opening  one  head,  break- 
ing the  tobacco  in  one  place,  coopering  up  the  same,  the  necessary 
nails,  and  turning  it  into  the  house  again. 

"  §  45.  There  shall  be  paid  to  the  inspectors,  for  each  hogshead  or 
cask  delivered  out  of  their  warehouse,  fifty  cents ;  and  for  putting 
into  good  order  each  hogshead  or  cask  noted  by  them  to  be  in  bad 
order,  seventeen  cents." 

Commencement       2.  This  act  shall  be  in  force  from  its  passage,  and  until  the  expira- 
■   tidn  of  six  months  after  the  conclusion  of  the  existing  war. 


•■>  Chap.  22. — An  ACT  to  amend  and  re-enact  section  41,  chapter  58  of  the 

Code  of  Virginia  (edition  of  1860),  so  as  to  authorize  Banks  to  increase 
their  Contingent  Funds-. 

Fassed  March  7,  1863. 

Code  amended  1.  Be  it  enacted  by  the  general  assembly,  that  section  forty-one, 
chapter  fifty-eight  of  the  Code  of  Virginia  (edition  of  eighteen  hun- 
dred and  sixty),  be  amended  and  re-enacted  so  as  to  read  as  follows : 

Rate  of  dividend      "  §  41.    There  shall  be  no, dividend  of  profits  of  a  higher  rate  than 

Surplus  fund      six  per  centum  per  annum  on  the  capital  paid  in,  until  the  bank  shall 

have  &  surplus  or  contingent  fund  arising  from  profits,  of  at  least 

five  per  centum  of  its  capital  stock :   nor  shall  any  dividend  of  pro- 

.   fits  be  made,  by  which  such  fund  is  reduced  below  the  said  five  per 

Mraitation  of      centum.    But  the  said  fund  is  hot  at  any  time  tov  be  more  than  twenty 

.furp  us  un         ^^  cen£um  ^on  foe  capital  paid  in)  over  and  above  the  bad  and 

doubtful  debts.     So  much  of  said  fund  as  may  have  'accrued  at  any 

branch,  shall  be  left  with  such  branch  until  it  may  be  wanted  to  meet 

losses  sustained  by  the  bank." 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  23. — An  ACT  to  amend  and  re-enact  section  22  of  chapter  108  of  the 
Code  of  Virginia  (edition  of  ISfiO). 

rassed  January  24,  1863 

Code  amended         1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 
twenty-second  section  of  chapter  one  hundred  and  eight  of  the  Code 


CHANGES   IN   CODE.  ,        59 

of  Virginia  (edition  of  eighteen  hundred  and  sixty),  be  amended  and 
'  re-enacted  so  as  to  read  as  follows  : 

"  §  22.  The  commissioner  shall  alphabetically  arrange  each  of  the  Duty  of  commas- 
books  so  to  be  kept  by  him,  and  shall  make  and  subscribe  an  affidavit 
therein,  to  the  effect  that  he  has  pursued  the  directions  in  this  act,  ac- 
cording to  the  best  ol  his  skill ;  and  Be  shall  return  his  said  books  to 
the -clerk  of  the  court  of  his  county,  on  or  before  the  first  day  of 
June.  In  addition  to  the  compensation  now  allowed  by  law  to  com-  Compensation 
missioners  of  the  revenue,  the  sum  of  three*  cents  shall  be  paid  to 
every  such  commissioner,  for  each  birth  and  death  listed  and  reported 
to  the  county  or  corporation  clerk  in  said  commissioner's  district, 
under  the  provisions  of  this  chapter,  and  that  the  same  be  paid  out 
of  ike  public  treasury,  upon  the  certificate  of  the  county  or  corpora- 
tion court,  sett^ig  forth  ihe  number  of  births  and  deaths  returned, 
and  that  the  said  returns  have  been  accurately  and  fully  made,  accord- 
ing to  the  laws  regulating  the  same,  and  within  the  time  prescribed 
thereby.  If  the  auditor  of  public  accounts  shall  be  of  opinion  that  Duty  of  auditor 
the  failure  to  return  a  report  of  the  births  and  deaths  to  the  clerk 
within  the  time  prescribed  by  law,  was  unavoidable,  he  may,  not- 
withstanding  such  failure,  pay  such  claim." 

2.   This  act  shall  be  in  force  from  its  passage.  Commencemeat 


Chap.  24.— An  ACT  to  amend  the  12th  section  of  chapter  10  of  the  Code  of 
Virginia,  so  as  to  extend  the  time  for  filing  Complaint  in  cases  of  Con- 
tested Elections. 

Passed  January  27,  1863. 

1.   Be  it  enacted  by  the  general  assembl}',  that  the  twelfth  sec- Code  amended 
tion  of  chapter  ten  of  the  Code  of  Virginia  (edition  of  eighteen  hun- 
dred and  sixty),  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  12.   The  returns  of  the  elections  of  justices  of  the  peace,  of  Return*,  how 
clerks  of  the  county  and  circuit  courts,  of  attorneys  for  the  common-  enqnire 
wealth,  surveyors,  sheriffs^  commissioners  of  the  revenue,  constables 
and  overseers  of  the  poor,  under  this  act,  shall  be  subject  to  the 
enquiry,  determination  and  judgment  of  the  respective  county  and 
corporation  courts,  or  of  the  county  court,  in  case  the  election  was 
for  a  county  and   city,  upoti    complaint  of  fifteen  or  more  of  the  Complaint,  how 
qualified  voters  of  the  county  or  corporation,  or  of  the  proper  dis- 
trict, when  the  officer  is  elected  by  a  district,  of  an  undue  election  or 
false  return ;  two  of  whom  shall  ^ake  and  subscribe  an  bath  or  affir- 
mation that  the  facts  set  forth  in  such  complaint  are  true,  to  the  best 
of  their  knowledge  and  belief.     And  the  said  courts  shall,  in  judging  Duty  of  courts 
of  said  elections,  proceed  upon  the  merits  thereof,  and  shall  deter- 
mine finally  concerning  the  same,  according  to  the  constitution  and 
laws  of  this  commonwealth:  and  such  complaint  shall  not  be  valid,  Time  when  com. 


60 


CHANGES   IN   CODE. 


plaint  shall  be 
filed 


Duty  of  clerk 


Proviso 


or  regarded  by  the  court,  unless  the  same  shall  liave  been  filed  within 
twenty  days  after  the  election,  in  the  clerk's  office  of  the  proper 
court:  and  when  the  complaint  is  of  undue  election  or  false  return 
of  a  justice  of  the  peace,  the  clerk  of  the  said  court  shall  imme- 
diately certify  to  the  governor  the  decree  of  said  court,  when  made, 
and  in  whose  favor  such  contested  election  shall  have  terminated; 
and  the  governor  shall  then  commission  such  person  in  whose  favor 
such  contested  election  terminated.  And  in  said  last  mentioned 
contested  elections,  in«case  such  complaint  be  filed  in  due  time,  the 
clerk  shall  transmit  by  mail,  immediately  to  the  governor,  a  certified 
copy  thereof :  and  in  such  case,  no  commission  shall  be  issued  until 
the  court  shall  have  determined  and  adjudged  on  such  complaint  as 
aforesaid:  provided,  however,  that  when  the  complaint  is  of  the 
undue  election  and  false  return  of  a  justice  of  the  peace,  alr*the 
justices  composing  the  court  shall  be  summoned  for  the  trial  of  the 
complaint,  and  a  majority  of  those  not  interested  in  the  .contest  shall 
be  present." 


Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  25. — An  ACT  amending  and  re-enacting  the  2nd  and  5tb  sections  of 
chapter  34  of  the  Code  of  Virginia,  entitled  Virginia  Military  Institute. 

Passed  March  30, 1863, 

Code  amended  1.  Be  it  enacted  by  the  general  assembly,  that  the  second  section 
of  chapter  thirty-four  of  the  Code  of  Virginia  be  amended  and 
re-enacted  so  as  to  read  as  follows : 


Board  of  visi- 
tors, how  ap- 
pointed 


Board  a  corpo- 
ration 


"  §  2.  There  shall  be  a  board  of  visitors  for  the  institution,  com- 
posed of  the  adjutant  general  and  eight  other  persons,  two  of  whom 
shall  be  appointed  from  each  grand  division  of  the  state,  and  four 
new  members  shall  be  appointed  every  second  year;  the  appoint- 
ments to  be  made  by  the  governor,  by  and  with  the  advice  of  the 
senate.  They  shall  be  and  are  hereby  declared  to  be  a  corporation, 
and  as  such,  may  sue  and  be  sued  for  any  cause  or  matter  which  has 
heretofore  arisen,  as  well  as  for  any  cause  or  matter  which  may  here- 
after arise."' 


Code  amended        2.   That  the  fifth  section  of  the  thirty-fourth  chapter  of  the  Code 
of  Virginia   (edition   of  eighteen   hundred    and  sixty),   is   hereby 
•  amended  and  re-enacted  so  as  to  read  as  follows : 


"  §  5.  Such  reasonable  expenses  as  the  visitors  may  incur  in  the 
discharge  of  their  duties,  shall  be  paid  out  of  the  funds  of  the  insti- 
tute." 


Commencement      3.   This  act  shall  he  in  force  from  its  passage. 


CHANGES   IN   CODE.  61 


Chap.  26. — An  ACT  to'  amend  and  re-enact  the  12th  section  of  chapter  20 
of  the  Code  of  Virginia,  so  as  to  compensate  the  Printer  to  the  Senate  for 
printing  and  binding  the  Journals  of  the  Senate  at  Extra  Sessions.  • 

Passed  March  4, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  twelfth  section  Code  amended 
of,  chapter  twenty  of  the  Code  of  Virginia  be   amended  and  re- 
enacted  so  as  to  read  as  follows  : 

"§  12.   The  senate  may  appoint  annually  a  printer  for  that  body,  Annual  3.ilary  of 

,,,,_..  .  *  -  ill  printer  to  senate 

who  shall,  tor  his  annual  salary,  print  and  have  bound  two'hundred 

copies  of  the  Journal  of  the  Senate,  with  the  index  thereto  of  its 

regular  sessions,  and  perform  such  other  duties  as  the  senate  by  its 

rules  requires  ;  and  all  other  work  which  he  may  do  by  order  of  the  Extra  work 

senate,  shall  be  deemed  extra  work,  and  paid  for  as  is  extra  work 

done  by  the  public  printer." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  27. — An  ACT  increasing  the  Compensation  of  the  Interior  Guard  at 
the  Penitentiary. 

Passed  March  26, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fifty-first  sec-  Code  amended 
tion  of  chapter  two  hundred  and  thirteen  of  the  Code  of  Virginia 

(edition  of  eighteen  hundred  and  sixty),  be  amended  and  re-enacted 
so  as  to  -read  as  follows  : 

"  §  51. .  The  compensation  of  the  said  guard  shall  be  allowed  and  Compensation  of 
certified  by  the  board,  at  a  rate  not  exceeding  two  dollars  per  diem  guar 
for  each  person,  and  paid  by  the  general  agent." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  23. — An  ACT  to  amend  and  re-enact  the  16th  and  38th  sections  of 
the  ]4th  chapter  of  the  Code  of  Virginia,  so  as  to  increase  the  Salaries  of 
certain  Officers  of  the  Penitentiary. 

Passed  March  28,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  sixteenth  and  Code  amended 
eighteenth  sections  of  the  fourteenth  chapter  of  the  Code  of  Virginia 
be  amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  16,  The  superintendent  of  the  penitentiary  shall  receive  the  Salary  of  safepi 
sum  of  twothousand  dollars ;  the  first  assistant  keeper  one  thousand  salary  of  asak- 
dollars ;  the  second,  third,  fourth,  fifth,  sixth  and  seventh  assistant tanta 


62  •      CHANGES  m  CODE. 

keepers,  eat-h  nine  hundred  dollars.  •  Moreover,  each  of  the  Said 
assistant  keepers  shall  be  allowed  one  hundred  dollars  worth  of  the 
manufactures  of  the  penitentiary,  at  the  prices  fixed  by  the  directors, 
every  year  the  labor  and  the  manufactures  shall  amount  to  tlie  sum 
Salary  of  sur-  of  thirty-two  thousand  dollars.  The  surgeon  of  the  penitentiary  and 
public  guard  shall  receive  the  sum  of  one  thousand  dollars." 

Directors  ■  "  §  18.    The  directors  of  the  penitentiary  shall  receive  the  sum  of 

three  dollars  each  for  every  day's  attendance  on  the  board  :  provided, 
that  no  director  shall  receive  more  than  one  hundred  and  fifty  dollars 

Salary  of  clerk  per  annum..  The  clerk  of  the  penitentiary  shall  receive  one  thousand 
dollars."  ' 

Proviso  2.   Provided,  that  the  compensation  for  services  herein  before  pre- 

scribed shall  remain  and  be  payable  until  the  expiration  of  one  3  ear 
after  the  ratification  of  a  treaty  of  peace  between  the  Confederate 
States  and  the  United  States,  and  no  longer. 

Commencement      3.   This  act  shall  be  in  force  from  its  passage. 


Chap.  SD^An  ACT  concerning  Bonds  of  Sheriffs. 
Pasted  January  16,  1!?63. 

Cod©,  &e.  1.   Be  it  enacted  by  the  general  assembly,  that  chapter  sixteen, 

entitled  an  act  to  amend  the  fifth  section  of  chapter  forty-nine  of  the 
Code  of  Virginia,  as  amended  by  an  act  passed  June  third,  eighteen 
hundred  and  fifty-two,  concerning  bonds  of  sheriffs  and  other  col- 
lectors of  taxes,  and  ionds  of  constables,  passed  December  twenty- 
third,  eighteen  hundred  and  fifty-seven,  be  amended  and  re-enacted 
so  as  to  read  as  follows : 

Bond  of  sheriffs       "From  every  person  elected  sheriff  of  any  county  or  corporation* 

an   serguan  s     fln(j  frorn  evely  Bergeant  of  a  corporation  who  is  collector  of  the  taxes 

assessed  therein,  the  court  of  such  county  or  corporation  shall  take 

bond  with  sufficient  security,  in  such  penalty  as  it  may  deem  suffi- 

Amount  ■  cient ;  which  shall  not  be  less  than  double  the  aggregate  amount  of 

fell  taxes,  militia  fines  and  other  public  dues  and  the  county  levy  and 

poor  rates  assessed  and  collectable  in  such  county  or  corporation  for 

the  year  next  preceding  the  official  term  of  such  sheriff  or  sergeant; 

but  the  penalty  of  such  bond  shall  in  no  case  be  in  a  sum  less  than 

thirty  thousand  dollars.     Such  bond  shall  be  for  the  term  for  whicli 

such  sheriff  or  sergeant  may  have  been  elected  or  may  continue  in 

When  security    office.     If  the  security  in  the  bond  of  any  sheriff  or  sergeant  shall 

cient6   m8U       be  deemed  insufficient,  or  if  such  officer  shall  fail  to  pay  the  taxes, 

Auditor  may  pe-  militia  fines  and  other  public  dues;  or  if  the  same  be  in  a  penalty 

less  than  this  act  requires,  the  auditor  of  public  accounts  may  petition 

the  court  of  the  county  or  corporation  for  a  new  bond;  and  it  shall 

be  the  duty  of  the  court  to  examine  into  the  facts  of  such  petition ; 


C&ANGES   IN   CODE.  G'i 

or  it  may,  without  such  petition,  require  the  execution  of  a  new  bond  New  bond 

in  a  penalty  according  to,  this  act,  with  good  and  sufficient  security, 

and  may  at  once  suspend  the  official  duties  of  such  officer  until  such 

new  bond  be  executed ;  and  if  the  same  be  not  executed  witbin  a  when  court  to 

rcinovo 

/  reasonable  time,  shall  remove  such  officer,  and  direct  an  election  to 
fill  the  vacancy."  ' 

2.'  This  act  shall  be  in  force  from  it^  passage.  Commencement 


ChaP,  30. — An  ACT  to  amend  the  39th  section  of  chapter  184  of  the  Code 
of  Virginia,  so  as  to  increase  the  Compensation  of  Clerks  of  Courts  for 
public  services. 

Passed  March  11, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  thirty-ninth  Code  amended 
section  of  chapter  one  hundred  and  eighty-four  of  the  Code  of  Vir- 
ginia (edition  of  eighteen  hundred  and  sixty),  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 

"§  39.   There  shall  be  chargeable  in  every  county  or  corporation  Compensation 

for  ^prviccs  to 

such  sum  as  the  court  thereof  may,  for  services  to  the  public  of  the  clerks 
county  or  town,  allow  its- clerk  and  the  sheriff  or  sergeantattending 
it,  not  exceeding  for  one  year  four  hundred  dollars  to  its  clerk,  and 
seventy-five  dollars  to  its  sheriff  or  sergeant ;  and  the  corporation  Corporation  of 
court  of  Richmond  may  make  such  allowance  as  it  may  deem  proper 
to  its  clerk  and  sergeant,  for  services  for  which  no  other  compensation 
is  made  by  law." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap,  31. — An  ACT  increasing  the  Compensation  of  Clerks  of  Courts 
during  the  existing  war. 

Passed  March  24,  1863. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  tenth  section  Code  amended 
of  the  one  hundred  and  eighty-fourth  chapter  of  the  Code  of  Vir- 
ginia, of  eighteen  hundred  and  sixty,  be  amended  and  re-enacted  so 
as  to  read  as  follows,  to  wit : 

§  10.    A  clerk  of  a  coimty  or  corporation  court. 

Where  a  writing  is  admitted  to  record  under  chapter  one  hun-  #ee  for  records 

dred  and  twenty-one,  for  every  thing  relating  to  it,  except 
the  recording  in  the  deed  book,  to  wit :  For  receiving  proof 
or  acknowledgment,  entering  orders,  writing  on  it  clerk's 
certificate,  statement  of  deed  in  list  returned 'to  court,  te~ 


64 


CHANGES   IN    CODE. 


Recordation  of 
plat 


Course 
l>eed  book 


Deed  of  trust  on 
mortgage 


Swearing  wit- 
nesses 


Recordation  of 
will 


Order  as  to  dece- 
dent's estuto 


Swearing  per- 
gonal represen- 
tative 


One  fee  where 
more  than  one 


Licenses 


Marriage  license 


Search 


Certificate 


Injunction  bond 


cording  in  minute  book,  and  posting  same,  and  embracing' 
it  in  list  for  commissioner  of  the  revenuc,f 

For  recording  a  plat  of  not  more  than  six  courses,  or  for  a 
copy  thereof,        -    •  * 

For  every  course  above  six,     - 

For  recording  in  the  deed  book  such  writing  and  all  matter 
therewith,  except  plats,  or  for  recording  any  thing  not 
otherwise  provided  for,  for  every  thirty  words, 

In  lieu  of  the  said  allowance  of  five  cents  for  thirty  words, 
the  clerk  may,  for  recording  in'  the  deed  book,  elect  to 
charge  the  following  specific  fees,  to  wit :  Where  the  wri- 
ting is  a  deed  of  trust  or  mortgage,  or  is  a  conveyance  of 
real  and  personal  estate,  or  of  real  estate  only, 

And  where  it  is  not  such, 

For  swearing  the  witnesses,  and  entering  in  the  order  or  mi- 
nute book  all  orders  in  relation  to  the  proof  of  a  will  which 
is  admitted  to  record  without  contest,  and  copying  such 
orders  on  the  will,  - 

For  recording  a  will,  and  the  matter  recorded  therewith,  in 
the  will  book,  at  the  option  of  the  clerk,  five  cents  for  every 
thirty  words,. or  a  specific  fee  of  - 

If  there  be  an  order  committing  a  decedent's  estate  to  an 
officer,  for  entering  and  copying  such  order,  and  the  orders 
of  appraisement,  - 

If  any  personal  representative  qualify,  for  swearing  him  and 
his  surety,  making  out  bond,  entering  and  copying  on  the 
will  order  granting  probate  or  administration,  making  one 
copy  of  such  order  for  the  representative,  entering  and 
copying  orders  of  appraisement,  and  including  case  in  said 
list,       -  - 

If  several  personal  representatives  qualify  on  the  same  estate, 
during  the  same  term,  only  the  same  fee  shall  be  charged 
as  if  one  had  qualified,  to  wit,  -  - 

For  entering  and  copying  an  order  granting  a  license  and 
administering  an  oath  where  necessary, 

On  an  application  for  a  marriage  license,  for  administering 
and  writing  certificate  of  oath,  issuing  and  registering  li- 
cense,"and  recording  and  giving  receipt  for  certificate  of 
the  marriage,       -  -  - 

For  a  search  for  any  thing  above  a  year's  standing,  except 
where  the  clerk,  at  the  request  of  counsel,  searches  for  pa- 
pers in  a  pending  cause,      - 

For  recording  a  certificate  and  posting  a  copy  thereof  under 
the  second  section  of  chapter  one  hundred, 

For  making  out  an  injunction  bond,  administering  all  neces- 
sary oaths,  writing  proper  affidavits,  making  out  release  of 
errors,  copying  same  and  endorsing  on  the  summons  that 
such  bond  and  release  are  filed,  -  .    '    - 


0  75 


75 


1  20 
50 


50 


75 


1  50 

1  50 
1  20 

1  50 

15 
75 

1  20 


CHANGES    IN    CODE. 


m 


For  making  out  any  other  bond,  administering  all  necessary 
oaths,  and  writing  proper  affidavits, 

For  issuing  a  writ  in  the  nature  of  an  ad  quod  damnum, 

On  receiving  the  copy  of  a  caveat,  for  entering  such  cdpy,    - 

For  issuing  a  summons  to  answer  a  bill,  with  an  endorsement 
thereon  of  an  injunction,  or  of  an  order  of  attachment,  and 
recording. return  of  same,  - 

For  issuing  any  other  summons,  or  any  writ  not  particularly 
provided  for,  and  for  recording  the  return  where  proper  to 
do  so, 

For  each  copy  of  any  process  which  goes  out  of  the  office 
(with  such  process),  to  be  used  in  serving  it,  one-half  the 
fee  for  issuing  such  process. 

For  noting  in  the  process  book  any  decree,  order  or  process 
(except  a  summons  for  a  witness),  and  taking  a  receipt 
therefor,  _____ 

For  postage  paid  by  the  clerk  on  a  decree,  order  or  process, 
and  putting  in  or  taking  out  of  post  office  same,  double,  the 
amount  of  such  postage. 

For  entering  in  any  suit,  or  in  a  motion  for  judgment  for 
money,  all  the  attorneys  for  each  party,  or  the  appearance 
in  proper  person  of  a  party  having  no  attorney  who  so 
appears,  - 

For  endorsing  and  filing  each  petition,  declaration,  bill,  an- 
swer, or  other  written  pleading,  each  bill  of  exceptions, 
demurrer  to  evidence,  special  verdict  or  case  agreed,  each 
written  notice  of  the  defence  relied  on  in  ejectment,  or  of 
a  motion  for  judgment  for  money,  and  each  report  of  a 
commissioner,  and  for  entering  each  plea,  replication  or 
other  pleading  which  is  not  written,     - 

For  endorsing  and  filing  all  the  depositions  and  affidavits  of 
witnesses,  filed  on  the  same  side  at  any  time,  or  all  the 
written  interrogatories  .at  one  time  from  one  party  to  ano- 
ther, or  all  the  answers  filed  at  one  time  to  such  interroga- 
tories, or  the  exceptions  filed  at  one  time  -by  either  party 
to  a  commissioner's  report,  - 

If  papers  be  filed  on  the  side  of  the  plaintiffs,  for  which  no 
particular  fee  is  allowed,  a  fee  (not  for  each,  but  for  the 
whole)  of  -  -  -    • 

So,  also,  if  p;iper3  be  fjled  on  the  side  of  the  defendants,  for 
which  no  particular  fee  is  allowed,  a  fee  (not  for  each,  but 
for  the  whole)  of  - 

For  issuing  an  attachment,  with  a  copy  of  the  rule  or  order 
for  the  s-ame  (if  sent  out  therewith),  and  recording  the  re- 
turn thereof,  where  proper  to  do  so,   . 

For  issuing  a  scire  facias,  and  recording  the  return  thereof, 
or  for  issuing  a  commission  to  examine  witnesses,  adminis- 
5 


Any  other  bond 

$  1  SO 

1    30  Writ  of  ad  quod- 
.,.  damnum 
40  caveat 

Summons  to  an- 
.   swer  bill 


50 


Any  other  »um- 
mons 


30 


Copy  of  prooess 


30 


Postage 


Appearance 


15 


.Filing  ami  en- 
dor.-  ing  petition 


Depositions 


30 


Filing  papers  for 

plaintiffs 


filing  for  defen 
dantH 


30 


Isfuing  an  at- 
tach men  t 


65 


Scire  facias 


66 


CHANGES    IN    CODE. 


Docketing 


Jury 


WTiere  no  jnry 
is  impanneled 


Swearing  wit- 
ness 


Administering 
oath 


Judgments,  de- 
crees, &c 


Docketing 


Taxing  coats 


Bxecntlon  re- 
turned by  con- 
tiCiiblo 


Transcript  of 
record 


tering  oath  when  necessary  as  the  foundation  thereof,  and 
writing  affidavit,  r 

For  ail  the  rules  entered  in  any  case  on  the  same  side,  at  the 
rules  for  one  month,  where  any  thing  is  done  on  such  side 
at  said  rules,  hesidcs  entering  or  fding  a  pleading  or  con- 
tinuing the  cas.e,  - 

Where  no  proceedings  are  had  in  a  case  during  any  rules, 
except  to  continue  it,  the  fee  shall  be  at  the  rate  of  thirty 
cents  for  every  quarter  of  a  year  the  ease  is  so  continued, 
and  no  more. 

For  docketing  any  suit,  or  any  motion  for  judgment  for  mo- 
ney (to  be  charged  only  once),  ... 

Except  that  whore  an  action  or  motion  is  on  the  court  docket 
at  a  quarterly  term,  if  no  decision  or  continuance  be  en- 
tered on  it,  there  shall  be  a  fee  for  putting  it  on  the  docket 
at  the  next  term,  of  -  -  -  - 

Where  a  jury  is  impanncled,  for  swearing  the  jury  and  wit- 
nesses, -  -  -  - 

Where  no  jury  is  impanneied,  if  witnesses  be  examined  by 
the  court,  for  swearing  such  witnesses  for  either  party, 

Where  a  witness  claims  for  his  attendance,  fur  administering 
an  oath  to  him,  and  entering  and  certifying  such  atten- 
dance, -     ■   .        -  • 

For  administering  any  oath  not  before  provided  for,  and  wri- 
ting- a  certificate  thereof,  where  the  case  requires  one, 

For  all  judgments,  decrees,  orders  and  proceedings  (except 
entries  of  pleadings  and  matter  otherwise  provided  for), 
which  are  entered  on  the  fame  day,  for  the  same  persons, 
at  the  election  of  the  clerk,  live  cents  for  every  thirty 
words  (actually  written  on  the  minute  or  order-book,  or 
upon  the  rule  book,  when  final  judgments  are  entered 
therein),  or  a  specific  fee  of  -  - 

For  docketing,  under  chapter  one  hundred  and  eighty-six,  a 
judgment,  decree,  bond  or  recognizance, 

For  taxing  costs  in  any  case,  on  one  side, 

And  if  the.  ease  haa  beet)  pending  more  than  a  year,  then  for 
every  additional  year,  -  -  -         ■        - 

When  an  execution  is  returned  by  a  constable  in  a  case 
wherein  there  is  no  appeal  from  the  justice's  judgment,  for 
'filing  the  papers, 

And  if  t]ie  clerk  issue  an  execution  in  the  case,  for  such  exe- 
cution and  all  his  other  services  in  the  case,  until  and  in- 
cluding the  record  of  the  return  of  said  execution  (if  it  be 
returned  before  another  issues),  - 

For  any  other  execution,  the  entry  in  the  execution  book,  and 
the  record  of  the  return,  ■         - 

For  making  out  a  transcript  of  the  .record  and  proceedings  in 
any  case,  in  due  form,  so  that  the  same  may  be  used  in 


10  80 


40 


15 

30 

1  00 

30 

50 
25 


30 

40 
30 

15 
20 


CO 
60 


CHANGES    IN    CODE. 


67 


an  appellate  court,  for  every  thirty  words,  five  cents ;  and 
for  making  out,  in  any  other  manner  than  copying,  any 
paper  to  go  out  of  the  office,  which  is  not  otherwise  pro- 
vided for,  the  same,  or  in  lieu  thereof,  if  the  clerk  elect,  a 
specific  fee  of       -  -  -  -  -    $  0  40 

For  any  copy  to  go  out  of  the  office,  if  it  be  not  otherwise 
provided  for,  five  cents  for  every  thirty  words,  or  in  lieu 
thereof,  if  the  clerk  elect,  a  specific  fee  of  .        -  -  40 

For  annexing  the  seal  of  the  court  to  any  paper,  writing  the 
certificate  of  the  clerk  accompanying  it,  and  writing  cer- 
tificate for  the  judge  or  presiding  justice,  if  the  clerk  be 
requested  so  to  do,  -  -  -  -  60 

2.    That  the  eleventh  section  of  said  chapter  be  amended 
and  re-enacted  so  as  to  read  as  follows : 

§  11.    A  clerk  of  a  circuit  court. 

For  a  writ  of  supersedeas  or  other  writ  not  used  in  a  county 
court,  .    -  -  -  -  75 

For  making  out  the  bond  upon  issuing  any  such  writ,  ad- 
ministering necessary  oath,  and  writing  proper  affidavits,  m75 

Upon  anjT  such  writ,  for  endorsing  and  filing  the  petition 
therefor,  or  when  the  writ  is  returned,  for  filing  it,  with  the 
return  thereon,     -  - 

For  filing  the  record  upon  an  appeal,  or  on  such  writ, 

When  the  clerk  of  the  court  of  appeals  issues  process  on  an 
appeal,  writ  of  erroi*  or  supersedeas,  for  making  out  the 
bond,  administering  the  necessary  oaths,  writing  proper 
affidavits,  and  endorsing  on  the  process  a  certificate  of  the 
execution  of  the  bond,  and  <of  the  names  of  the  sureties 
thereon,  -  -  -  -  -       1  25 

For  docketing  any  case,  a  fee  of  twenty-five  cents,  or  if  the  Docketing 

clerk  elect,  in  lieu  thereof,  five  cents  for  every  thirty  words 
entered  on  the  rule  book  when  it  is  first  docketed ;  this  fee 
for  docketing  to  be  charged  but  once,  except  that  when 
any  case,  either  at  law  or  in  equity,  is  on  the  court  docket, 
if  at  any  time  it  be  left  undecided,  without  an  order  of 
continuance,  there'  shall  be  a  fee  for  putting  it  on  the 
docket  at  the  next  term,  of  -  40 

For  till  judgments,  decrees,  orders  and  proceedings  (except  judg-meata,  &© 

entries  of  pleadings  and  matters  otherwise  provided  for), 
which  are  entered  on  the  same  day  for  the  same  persons, 
at  the  election  of  the  clerk,  five  cents  for  every  thirty  words 
(actually  written  on  the  order  book,  or  upon  the  rule  book, 
when  final  judgments  are  entered  therein),  or  a  specific 
fee  of  -  -  -  -  •  -  60 

After  a  decision  by  the  circuit  court  or  court  of  appeals,  as  Qrdeea 

an  appellate  court,  for  issuing  an  execution,  making  copy 
thereof  in  the  execution  book,  and  recording  the  return,  1  20  * 


Copy 


Anne&i/Jt?  k« 


Cotie  amended 


Writ  of  supf^rBo 

fleas 


Endorsing  %*rti% 

25 

25  Filing  record 

Fees  when  cierk 
of  court  of  ap- 
peals Issues  r.ro 

CfM!i 


'1 


66 


CHANGES    IN    CODE. 


Unless  the' decision  be  by  the  court  of  appeals,  in  a  case 
wherein  the  first  judgment  or  decree  was  in  a  county  or 
corporation  court,  in  which  case  the  fee  shall  be  -    $  1  35 

Pn.nvtM:es  For  taxing  the  damages  to  which  a  party  may  be  entitled  by 

reason  of  an  injunction,  appeal,  writ  of  error  or  super-    . 
sedeas,  -  -  -  -  -  60 

For  all  other  services,  the  same  fees  as  a  clerk  of  a  county  • 
or  corporation  court  for  similar  services ;  except  that  the 
clerk  of  a  circuit  may  charge — 

In  chancery  cases: 

For  issuing  an  attachment  or  summons,  with  an  endorsement 
of  an  order  of  attachment  or  injunction,  -  •  75 

For  process  for  which  no  higher  fee  is  allowed,      -  -  35 

If  when  a  bill  or  answer  is  filed,  there  be  filed  at  the  same 
time  an  exhibit,  on  which  the  clerk  endorses  the  name  of 
the  case  and  the  day  it  is  filed,-  for  every  such  exhibit,       -  5 

When  more  than  three  exhibits  are  returned  with  a  commis- 
sioner's report  (but  not  annexed  thereto),  for  endorsing 
and  filing  such  exhibits,  a  fee,  not  for  each,  but  for  all  filed  ■ 
with  the  same  report,  of      -  -  -  -  40 

filing  If  papers  be  filed  on  the  side  of  the  plaintiffs,  for  which  no 

fee  is  before  provided,  a  fee,  not  for  each,  but  for  the  whole 
of  such  papers,  of  -    .  -  40 

And  if  papers  be  filed  on  the  side  of  the  defendants,  for  which 
no  fee  is  before  provided,  a  fee,,  not  for  eacj|,  but  for  the 
whole  of  such  papers,  of      -  -  -  -  40 

iaa>eg  For  entering  in  the  rule  book  the  -return  of  all  process  re- 

turnable to  the  same  rule  day,  a  fee,  not  for  each  defen- 
dant named  therein,  nor  for  every  such  process,  but  for 
the  whole  of  the  defendants  named  in  all  such  process,  of  •         50 

For  all  the  rules  entered  in  any  case  on  the  same  side  at  the 
rules  for  one  month,  when  any  thing  is  done  on  such  side 
at  said  rules,  besides  entering  or  filing  a  pleading  or  con- 
tinuing the  case,  -.  -  -  -  75 
Bxeentioo  For  any  execution,  the  entry  of  the  case  in  the  execution 
book,  and  the  record  of  the  return,  unless  a  higher  fee  be 
allowed  therefor,                    -                 -                 -                 -  75 


For  issuing  at 

Uu*h'iiOnt8 


Proctss 
BxMtliU 


Exhibit  g  with 

r-omnrnBiouer's 

report 


Oomroen<*tnent       &  This  act  shall  be  in  force  from  its  passage,  and  continue  in  foroe 
■ndconStauatlcn  until  the  ratification  of  a  treaty  of  peace  between  the  Confederate 
States  and  .the  United  States,  whereupon  the  Jaws  in  force  immedi- 
ately before  the  passage  of  this  act,  regulating  the  fees  of  clerks  of 
courts,  shall  be  deemed  to  be  in  force. 


CHANGES   IN    CODE.  69 


Chap.  32. — An  ACT  to  authorize  Town  Councils  and  County  Courts  to 
condemn  land  for  Hospital  purposes. 

Passed  January  26,  1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,   that  the  Code  amended 
first  section  of  chapter  eighty-six  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty),  be  amended  and  re-enacted  so  as  to    £ 

read  as  follows : 

"§  1.    The  council  of  any  town  or  the  court  of  any  county  may  Powers  of  eona- 
establish  in  such  county,  ov  in  or  near  such  town,  hospitals,  which 
shall  be  subject  to  regulations  not  contrary  to  law,  made  by  such 
council  or  court:  and  if  they  cannot  agree  with  the  owners  upon  Land* and' 

"  tit  i  "liouw'JB,  how 

terms  or  purchase  or  rent  ot  houses  and  land  necessary  tor  that  pur-  condemned 
pose,  they  are  hereby  authorized  to  condemn  and  take  possession  of 
the  same  forthwith,  and  to  hold  and  occupy  for  such  time  as  may  be 
deemed  necessary.     A  just  compensation  to  the  owners  thereof  to 
be  ascertained  in  the  manner  provided  for  in  the  fifty-sixth  chapter 
of  the  Code  of  Virginia  (edition  of  eighteen  hundred  .and  sixty),  and 
allowance  shall  be  made  therefor  in  the  next  count}'* or  town  levy  : 
provided,  that  this  act  shall  not  be  construed  so  as  to  authorize  the  Limitation 
condemnation  or  seizure  of  any  of  the  buildings  of  the  university, 
or  of  any  college  or  academy,  or  any  building  used  for  a  school :  and  Proviso 
provided  further,  that  no  dwelling  house  actually  occupied  as  such  '  . 

by  any  white  person,  shall  be  condemned  under  the  provisions  of 
this  act." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  33. — An  ACT  to  enlarge  the  Tower  of  Special  Tonus  of  Circuit 
Courts  iu  certain  cases. 

Passed  January  19,  1863. 

♦ 

1.    Be  it  enacted  by  the  general  assembly,  that  the  thirty- second  Code  amended 
section  of  chapter  one  hundred  and  fifty-eight  of  the  Code  <d'  Vir- 
ginia (edition  of  eighteen  hundred  and  sixty),  be  amended  and  re-  » 
enacted  so  as  to  read  as  follows : 

"  §  32.    Whenever  the  situation  of  a  prisoner  confined  in  jail  for  Trial 
trial  in  a  circuit  court  makes  it  proper  that  his  case  should  be  dis- 
posed of  before  the  next  regular  term  thereof,  the  judge  of  such  Special  term 
court  may  appoint  a  special  term  to  be  holden  for  the  trial  of  the 
ease,  in  the  same  manner  as  if  the  same  had  stood  for  trial  at  the 
next  preceding  term,  and  the  court  had  adjourned  without  disposing 
thereof.     At  a  special  court  thus  held,  any  prisoner  maybe  tried  Trial  of  .prisoner 
with  his  consent,  and  that  of  the  attorney  for  the  commonwealth,  en-  "  - 


70  CHANGES   IN    CODE. — TOBACCO. 

tered  of  record,  whether  he  be  embraced  or  not  in  the  warrant  ap- 
pointing such  special  term,  and. whether  he  shall  have  had  his  exami- 
nation before  or  alter  the  date  of  such  warrant." 

c«wrcM>»cv3!cnt      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  34.— -An  ACT  to  limit  the  production  of  Tobacco  and  increase  tbe 
production  of  Grain. 

Passed  March  12,  1863. 

rjf-umbio  Whereas  the  comfortable  support  of  our  soldiers  in  the  field,  and 

'  the  maintenance  of  their  helpless  families  at  home,  is  not  only  a  duty 
*  of  patriotism  and  humanity,  but  is  absolutely  essential  to  the  suc- 
cessful prosecution  of  the  struggle  for  independence  in  which  we  are 
engaged  :  and  whereas  the  actual  or  threatened  occupation  of  a  large 
portion  of  the  state  by  the  public  enemy,  and  the  devastation  of  other 
portions  of  it,  leaves  but  a  small  portion,  comparatively,  in  which  the 
pursuits  of  agriculture  can  be  peacefully  and  safely  followed,  and 
from  which  both  army  and  people  are  to  be  subsisted  :  and  whereas 
it  is  of  the  last  importance  that  the  labor  of  this  portion  of  the  state 
shall  not- be  diverted  from  the  production  of  grain  into  other  chan- 
nels, so  as  to  incur  the  hazard  of  a  want  of  bread  : 

fvi.iKctioD  of  1.    Be  it  therefore  enacted  by  the  general  assembly,  that  it  shall 

not  be  lawful  For  any  person,  either  for  himself  or  another,  to  plant, 

Number  of  within  the  limits  of  this  state,  in  any  one  year,  a  danger  quantity  of 

Hand"  ei°»  tobacco  than  twenty-five  hundred  plants  for  eacli  hand  between  the 
ages  of  sixteen  and  fifty-five  years,  actually  and  regularly  employed 

Proviso;  iu  the  cultivation  thereof,  as^i  field  hand  :  provided,  that  it  shall  be 

lawful  for  any  planter  to  plant  a  crop  of  ten  thousand  plants;  and 
no  planter  shall  plant  a  crop  of  more  than  eighty  thousand  plants. 

Lint.«rf  field  2.    It  shall  be  the  duty  of  every  person  engaged  or  intending  to 

iierprv on  oatiJen  engage  in  the  cultivation  of  tobacco,  either  for  himself  or  another, 
*  annually  to  render  on  oath  to  the  commissioner  of  the  revenue  of  the 

county  and  district  in  which  such  person  may  reside,#an  accurate  list 
.i,i«.t  «o  he  re.  of  all  such  field  hands;  which  list  the  said  commissioner  is  hereby 
Verty  books  >r°  required  to  take  and  return  with  the  property  books. 

p-na)'y  for  vio-  3.  Any  person  violating  the  provisions  of  the'first  section  of  this 
Iron"1'  nnt  8?°  act  s^a"  ne  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  in 
Amwnt  of  fine   a  gom  110t  ]ega  tjian  flve  ilurjCir(?ti  dollars  nor  more  than  five  thousand 

Forfeiture  of  the  dollars;  and  shall  moreover  forfeit  the  full  value  of  all  the  tobacco 
,■    produced  by  him  beyond  tbe  amount  specified  in  said  first  section ; 

h«w  forfeiture  to  be  paid  to  the  county  court  of  the  county  in  which  the  offence 
may  have  been  committed,  and  applied  in  defraying  the  expenses  in- 
curred by  such  county  in  providing  for  soldiers  in  service,  and  sup- 
porting their  families. 


diHpoK<><1  of 


TOBACCO. GENERAL    ASSEMBLY. ELECTION    LAWS.  71 

■  4.    For  a  violation  of  the  second  section  of  this  act,  either  by  a  Penalty  for  vio- 
planter  or  commissioner  of  the  revenue,  the  offender  shall  he  deemed  portion 
guilty  of  a  misdemeanor,*  punishable  by  a  fine  of  nor,  less  than  ten 
dollars  for  each  offence. 

5.  It  shall  he  the  duty  of  the  judges  of  the  circuit  courts,  and  of  Duties  of  fhe 
the  attorneys  for  the  commonwealth  in  the  county  courts,  to  givei?)HftgandCatt©r- 
this  act  specially  in  charge«to  the  grand  juries  of  the  several  coun-  commonwealth 
ties ;  and  it  shall  be  the  duty  of  the  commissioners  of  the  revenue  to  Duty  of  commi*- 
inform  the  attorneys  for  the  commonwealth  in  their  respective  conn-  revenue 

ties,  of  all  violations  thereof  which  may  come  to  their  knowledge ; 
and  the  said  attorneys  shall  cause  the  offenders  to  be  prosecuted. 

6.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  Commencement 
in  force  during  the  existing  war  with  the  United  States,  and  no  longer. 


Chap.  :;.">.— An  ACT  to  secure  Representation  in  the  General  Ass-mbiy  for 
Senatorial  Districts,  Counties,  .Cities'  and  Election  Districts  within  the 
power  of  the  Public  Enemy. 

Passed  March  9,  1863.        I  # 

1.  lie  it  enacted  by  the  general  assembly,  that  whenever,  in  con-  When  senator 

e    .  .    ,  ,,.  •  .  ,,-,     .,      or  delegate  may 

sequence  or  the  presence  or  the  public  enemy,  vacancies  exist  m  tne  be  admitted 

representation  of  any  senatorial  district,  city,  county  or  election  dis-  . 

trict,  it  shall  be  lawful  for  the  senator  or  delegate,  as  the  case  may 

be,  who  last  represented  such  district,  county  or  city  in  the  general 

assembly,  provided  he  be  a  loyal  citizen  of  this  commonwealth,  to 

continue  to  discharge  the  duties  of  the  office  until  successors,  resp.ee-       t 

tively,  may  he  dujy  elected  and  qualified. 

2.  So  soon  as  the  presence  or  power  of  the  publicenemy  is  with-  When  writ  to  he 
drawn  from  any  such  district,  county  or  city,  writs  shall  be  issued, 

in  the  manner  prescribed  by  law,  for  an  election  to  fill  the  office  for 
the  residue  of  the  term.     The  compensation  of  the  office  shall  be 
-  payable  to  the  persons  discharging  the  duties  thereof,  for  the  times 
only  of  their  respective  service. 

3.  This  act  shall  be  in  force  from  its  passage,  and  contfhue  in  Commencement 
force  during  the  existing  war. 


Chap.  30. — An  ACT  to  provide  for  voting  by  persons  in  the  Military  Service, 
and  persons  absent  from  their  respective  Counties  and  Corporations  on 
account  of  the  presence  of  t'tie  Public  Enemy,  in  Elections  for  Members 
of  Congress,  and  for  Governor,  Lieutenant  Governor  and  Attorney  Gene- 
ral, and  for  Members  of  the.  General  Assembly,  and  to  amend  and  re-enact 
the  3d  section  of  chapter  8  of  the  Code  of  Virginia  (edition  of  i860). 

Passed  March  26,  1863.    ' 

1.    Be  it  enacted  by  the  general  assembly,  that  during  the  present  when  persons  w 


72  ELECTION   LAWS. 

military  tjiwke   war  the  qualified  voters  of"  this  commonwealth,  who  may  be  in  the 

jmsv  vote  ....  ■  <•  ,i  ,•  .1       ™       ,.    i  r  '  ,       -, 

military  service  ot  the  state  or  oi  the  Confederate  States,  on  the  day 
of  any  general  or  special  election  for  members  of  the  house  of  repre- 
sentatives of  the  Confederate,  States,  or  of  any  election  for  governor, 
lieutenant  governor  and  attorney  general  of  this  state,  may  vote  in 
such  election,  at  such  place  or  places  within  their  regiment  as  the 
commandant  of  such  regiment  shall  designate,  whether  such  regi- 
ment be  within  the  limits  of  this  state  or*  not. 

CommissiontTn,       2.    For  each  place  of  voting  the  commandant  of  the  regiment  shall 

bow  appointed      ,         ..  .     ,        ,  .  .      .  ,  ,      . 

detail  a  superintendent,  three  commissioners,  and  as  main'  clerks  aa 
shall  be  necessary,  who,  after  being  first  duly  sworn  by  him,  shall 
perform  the  duties  required  of  and  be  liable  to  the  penalties  imposed 
.upon  such  officers  by  the  election  laws  of  the  state.  The  qualified 
voters  in  any  company  or  battalion  unattached,  or  on  detached  ser- 
vice, may  vote  in  like  mariner,  the  officer  in  command  detailing  simi- 
lar officers  to  perform  similar  duties,  who  shall  be  liable  to  like 

PoUh  for  mem-     penalties.     The  said  commissioners  shall  open  polls  on  the  dav  of 

hfrf.  of  conferees  ,      ,       •         <■  ,  ..  r  ,    t       •«  •  ,    -t 

any  such  election  tor  members  ot  congress,  lor  each  district  entitled 

to  representation  in  said  congress,  for  which  there  shall  be  voters  in 
said  regiment,  battalion  or  company  desiring  to  vote;  and  on  the  day 
.  of  any  election  for  governor,  lieutenant  governor  and  attorney  gene- 
ral, they  shall  also  open  polls  for  such  last  named  officers'.     The 
qualified  voters  who  present  themselves  to  vote,  shall  be  asked  by 
said  commissioners  from  what  district  they  come,  and  each  voter  shall 
Name,  how  re-     vote  for  a  person  to  represent  the  district  from  which  he  comes  ;  and 
owed  :r-  ajg  name  9})a]|  }ie  recorded  on  the  poll  book  opened  for  that  district, 

and  also  on  the  poll  book  for  governor,  lieutenant  governor  and 
4       attorney,  general,  when  an  election  for  such  last  named -officers  shall 
Duty  of  commix-  be  held :  and  when  the  polls  taken  as  aforesaid  sliall  be  closed,  the 
commissioners  holding  the  said  election  shall  make  and  certify  a  state- 
ment of  the  said  polls  to  the  senior  officer  commanding  the  troops  at 
the  point  where  such  regiment  may  be,  if  there  be  any  such  officer, 
and  if  not,  then  to  the  commandant  of  the  regiment,  unattached  or 
j'oiiuto  betaken  detached  battalion  or  company,  who  shall  appoint  some  person  whose 
commonwealth    duty  it  shall  be  to  take  all  the  polls  and  statements  which  may  have 
been  go  taken  and  certified  to  the  secretary  of  the  commonwealth, 
within  fifteen  days  after  the  cominericement  of  such  election. 

When  qtialified  3.  The  qualified  voters  of  any  county  or  corporation,  absent  there- 
vote°"8ma>  from  because  of  the  presence  of  the  public  enemy,  on  the  day  ap- 
pointed for  any  such  election  as  is  mentioned  in  the  first  section, 
may,  during  the  existing  war,  vote  in  any  such  election  in  which  they 
would  be  entitled  to  vote  if  in  the  county  or  corporation  of  their  do- 
micil,  at  the  courthouse  of  any  county  or  corporation  in  the  state 
where  they  may  happen  to  be  on  the  day  of  said  election.  If  any 
other  election  is  held  at  the  same  time,  the  officers  holding  said  elec- 
tion shall  open  the  poll  and  receive  the  votes  herein  authorised  to  be 
polled,  as  prescribed  by  law. in  cases  of  other  elections;  bat  if  no 


ELECTION    LAWS.  •  73 

other  election  be  then  held  than  such  at  "\#iich  the  persons  men- 
tioned in  this  section  are  authorized  to  vote,  then  a  poll  shall  he 
opened  by  the  clerk  of  the  county  court.  Any  such  person  desiring  when  oath  to  be 
to  vote  in  such  election,  shall  make  oath  before  the  clerk,  or  other 
officer  conducting'  the  election,  that  he  believes  he  would  be  entitled  . 
to  vote  therein  if  in  the  county  or  corporation  of  his  dornicil;  and 
thereupon  his  vote  shall  be  recorded  on  the  proper  poll.  When  such 
polls  shall  be  closed,  the  officer  conducting  the  election  shall  certify 
the  result  and  the  correctness  of  the  polls  at  the  foot  thereof,  and 
shall  ti-ansmit  such  poll  book,  so  certified,  by  mail,  prepaying  the 
postage  thereon,  to  the  secretary  of  the  commonwealth,  within  fifteen 
days  after  the  commencement  of  the  election. 

4.    Be  it  further  enacted,  that  the  third  section  of  chapter  eight  Code  amended 
of  the  Code  of  Virginia  (edition  of  eighteen  hundred  and  sixty),  be 
amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  3.    In  cases  of  electhms  for  election  districts,  or  senatorial  or  Duty  of 'c-.miaia- 
congre'ssional  districts,  the  commissioners  superintending  the  election  tiou' 
at  the  courthouses  of  the  several  counties  or  corporations  forming 
such  districts,  shall,  within  three  days  after  such  election  is  concluded, 
deliver  a  certified  statement  of  the  result  of  the  election  in  said  county, 
to  be  ascertained  by  comparing  the  polls  of  the  different  voting  places 
in  said  county,  and  striking  therefrom  such  'totes  as  are  required  by 
law  to  be  stricken  therefrom,  to  the  officer  conducting  the  election 
at  the  courthouse  of  said  county,  or  to  such  other  officer  as  may 
legally  act  for  him  ;  which  said  statement  shall  be  written  in  words  Certificate,  how 
and  not  in  figures,  and  shall  conform  as  near  as  may  be  to  the  form 
of  the  return  required  to  be  made  in  case  of  the  election  of  governor.  i 

The  officers  conducting  the  election  at  the  courthouses  of  the  several  When  officers 
counties,  shall  meet  at  the  courthouse  of  the  county  or  corporation 
first  named  in  the  law  prescribing  such  districts,  which  may  not  be  in 
the  possession  or  power  of  the  public  enemy,  on  a  certain  day  after 
that  appointed  by  law  for  the  commencement  of  such  election  ;  which 
certain  day,  in  the  case  of  an  election  from  a  district  of  a  delegate, 
shall  be  the  eighth ;  of  a  senator,  shall  be  the  twelfth,  and  of  a  repre- 
sentative in  congress,  shall  be  the  fifteenth  after  such  commence- 
ment.    They  shall  compare'  the  returns  from  their  respective  coun-  Returns,  bow- 
ties,  and  shall  declare  elected  the  person  having  the  greatest  number 
of  votes  in  the  whole  district.     If  the  greatest  number  of  votes  be 
equal  for  two  or  more  persons,  the  officers  attending  shall  decide  to 
which  of  them  they  will  give  the  certificate  -of  election  ;  and  if  the 
votes  of  said  officers  be  equal  also,  they  shall  deckle  forthwith  by  lot 
to  whom  such  certificate  shall  be  given.     A  notice  of  said  election  Notice  given 
shall  forthwith  be  given  at  the  door  of  the  courthouse  where  the 
meeting  is  held.     In  case  of  special  elections  to  supply  vacancies,  Spe'cial  elections 
the  time  for  the  meeting  of  the  returning  officers  shall  be  earlier,  if 
required  in  the  writ  of  election  :   provided,  that  during  the  existing  Certified  statti- 
war,  in  all  elections  for  members  of  the  house  of  representatives  of 


74  ELECTION    LAWS. 

tswy  of  common-  the  Confederate  Stat^i,  the  officer  conducting  the  election  at  the 
courthouses  or  tlie  several  counties  shall  transmit  the  certified  state- 
ment of  the  result  of  the  election  in  his  count}',  herein  altove  re- 
quired, by  mail,  prepaying  the  postage  thereon,  to  the  secretary  of 
the  commonwealth,  within  twenty  days  after  the  commencement  of 
such  election." 

Dmy  of  secrc-  5.  It  shall  be  the  duty  of  the  secretary  of  the  commonwealth, 
wealth  °  '.'"  within  thirty  days  from  the  commencement  of  any  such  election  as 
is  mentioned  in  the  preceding  sections,  to  examine  the  polls  returned 
to  him  as  aforesaid,  and  certify  the  state  of  the  same  to  the  governor, 
•  who  shall  declare  and  make  proclamation  of  the  result;  and  in  case 
two  or  more  candidates  have  an  equal  number  of  votes  for  the  same 
office,  the  governor  shall  decide  by  lot  to  whom  the  return  shall  be 
given,  and  declare  the  result  accordingly. 

OutioHof  Becre-  6.  Be  it  further  enacted,  that  upon  the  receipt  of  any  polls  under 
wealth  common"  the  provisions  of  the  ordinance  (No.  99)  passed  December  the  sixth, 
eighteen  hundred  and  sixty-one,  the  secretary  of  the  commonwealth 
shall  perform  the  duties  required  by  law  to  be  performed  bjT  the  com- 
missioners and  officers  to  conduct  the  elections  at  the  courthouse,  or 
by  either  of  them,  in  the  same  manner  he  is  required  by  law  in  case 
such  polls  had  been  received  by  him  from  the  county  or  district  for 
which  the  election  was  held  :  and  all  Other  proceedings  shall  be  the 
same  as  in  such  cases. 

Proclamation  of  7.  Be  it  further  enacted,  that  it  shall  be  the  duty  of  the  governor 
io "be  issued  tn  °f  the  commonwealth  to  issue  his  proclamation,  giving  notice  to  the 
qualified  voters  of  the  state  in  the  military  service  of  the  state  or  of 
the  Confederate  States,  or  who  may  be  absent  from  the  county  or 
corporation  of  their  residence,  because  of  the  presence  of  the  public 
enemy,  of  their  right  to  vote  for  members  of  the  general  assembly, 
•  by  virtue  of#the  provisions  of  the  first,  second  and  fourth  sections  of 
the  ordinance  passed  by  the  convention  of  Virginia  (No.  99)  on  the 
sixth  day  of  December  eighteen  hundred  and  sixty-one,  and  also  to 
all  whom  it  may  concern,  of  the  passage  of  this  act,  and  of  the  rights 
and  duties  set  forth  in  its  provisions;  and  it  shall  further  be  his  duty 
to  request  the  president  of  the  Confederate  States  to  issue  an  order 
to  all  commandants  of  camps,  posts  and  detachments  in  command  of 
Virginia  troops,  requiring  them  to  give  their  aid  in  the  due  execution 
of  the  ordinance  aforesaid  and  of  this  act. 

ReHuitof  vote,        8.    The  result  of  the  votes  in  camps  and  the  result  of  the  votes  of 

how  forwarded  ,  .    „  ...  .•..  ,  .  ,, 

persons  absent  from  their  counties,  cities  or  towns,  by  reason  or  the 
presence  of  the  enemy,  shall  be  forwarded  by  mail,  when  practicable, 
directed  to  the  secretarv  of  the  commonwealth,  when  required  to  be 
returned  to  said  secretary-  and  directed  to  the,  clerk  of  the  county, 
city  or  town,  when  required  to  be  returned  to  the  county,  city  or  town. 
The  officer  conducting  such  elections  shall  so  forward  the  result,  and 


ELECTION    LAWS.  76 

preserve  a  duplicate  of  the  result  so  to  be  forwarded,  verified  by  cer- 
tificates of  the  officer,  and  by  not  less  than  two  other  disinterested 
persons. 

9.    This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  37. — An  ACT  to  prescribe  the  mode  of  ascertaining  and  certifying 
Elections  of  Delegates  and  Senators  during  the  existing  war. 

Passed  March  24,  1863. 

1.  Re  it  enacted  by  the  general  assembly,  that  in  all  elections,  Elections  of  at 

,..,...  "/-i,  r  .  •  nator  or  delegate 

during  the  existing  war,  tor  delegates  lor  any  county,  corporation  or 
election  district,  or  for  senators  for  any  senatorial  district,  no  part  of 
which  is  in  the  possession  of  the  public  enemy,  in  which  elections 
votes  are  authorized,  by  law  or  ordinance  of  convention,  to  be  polled 
.in  military  encampments,  as  well  as  in  the  county,  corporation  or 
election  district,  the  commissioners  of  election,  who  are  required  by 
law  to  meet  and  compare  the  polls  and  ascertain  the  election,  shall 
meet  in  each  case  at  the  place  prescribed  by  law,  on  the  thirtieth  when  commis 

,' " '  ,  _     .         .        .  ,  sipnera  to  meei 

day  trom  the  commencement  or  the  election  ;  examine  and  compare 
the  several  polls  taken  in  the  county  or  corporation,  and  those  taken 
in  the  several  encampments  for  delegate  or  senator,  as  the  case  may 
be.  for  such  county,  corporation,  election  or  senatorial  district;  strike 
therefrom  any  votes  which  are  by  law  directed  to.be  stricken  from 
the  same,  and  attach  to  the  poll  a  list  of  the  votes  stricken  therefrom, 
and  tbo  reason  therefor.  The  result  of  the  election  shall  then  be 
ascertained,  delivered  and  certified  as  prescribed  by  law,  in  each  case 
respectively. 

2.  So  much  of  the  first,  second  and  third  sections  of  cbapter  eight  Code  suspended 
of  the  Code  of  Virginia  (edition  of  eighteen  hundred  and  sixty),  as 

is  in  conflict  with  this  act,  shall  be  and  the  same  is  hereby  suspended 
so  lonj  as  this  act  shall  continue  in  force,  which  shall  be  during  the 
continuance  of  the  present  war  and  no  longer,  and  thereafter  the 
part  of  said  sections  hereby  suspended  shall  be  in  full  force.  . 

_3.    This  act  shall  be  in  force  from  its  passage.  Commencem»rit 


Chap.  38. — An  ACT  to  provide  Representation  for  the  Counties  where  the 
Courthouses  are  in  the  possession  or  power  of  the  Public  Enemy. 

Passed  March  24, 1863. 


.    1.    Be  it  enacted  by  the  general  assembly,  that  in  cases  of  election  when  district? 

t   .    •    .  ■    i'  t   ,    -    .  ,■    n      •      !i  •  „  partially  in  poi 

districts  or  senatorial  districts  partially  in  the  possession  or' power  or  er  of  enemy 
the  public  enemy,  the  officers  conducting  the  elections  at  the  court- 


76  ELECTION    LAWS. 

houses  of  the  several  counties,  or  the  persons  substituted  therefor  by 
the  provisions  of  this  act,  shall  meet  at  the  courthouse  of  the  county 
or  corporation  first  named  in  the  law  describing  such  district,  which 
may  not  be  in  the  possession  or  power  of  the  public  enemy,  and  per- 
form the  duties  required  of  them  by  the  third  section  of  chapter 
eight  of  the  Code  of  Virginia  (edition  of  eighteen  hundred  and  sixty). 

when  election  '  2.  That  whenever,  by  reason  of  the  presence  or  power  of  the 
atcourthouse4  public  enemy,  no  election  can  be  held  at  the  courthouse  of  any 
county,  it  shall  be  lawful  for  the  commissioners  or  freeholders  pre- 
sent, and  agreeing  to  act  as  commissioners,  at  any  regular  place  of 
voting  in  said  county,  to  appoint  a  conductor  at  such  place,  if  none 
be  present,  who  shall  be  vested  with  the  same  powers  and  take  the 
same  oath,  be  subject  to  the  same  penalties  and  perform  the  same 
duties  as  now  provided  by  law,  except  as  they  may  be  herein  after 
Duty  of  officer  otherwise  directed.  The  officer  conducting  the  election  at  such  places 
tfon  U°  1Dg  C  e°  of  voting  shall  deliver  or  cause  to  be  delivered  the  polls,  within  fifteen 
days  after  the  commencement  of  such  election,  to  the  secretary  of 
the  commonwealth,  who,  after  receipt  of  the  polls,  shall,  perform  all 
the  duties  now  required  by  law  to  be  performed  by  the  commissioners 
at  tlie  courthouse,  and,  except  when  herein  after  directed  to  perform 
the  duties  in  person,  shall  appoint  some  one  to  perform  the  duties  of 
the  officer  conducting  the  election  at  the  courthouse. 

Duty  of  secre-  3.  If  the  courthouse  of  any  county  entitled  to  one  or  more  repre- 
wralth  °m  sentatives  in  the  general  assembly,  or  all  the  courthouses  of  any 
election  or  senatorial  district,  are  in  the  possession  or  power  of  the 
public  enemy,  the  secretary  of  the  commonwealth,  after  the  .receipt 
of  the  polls,  shall  perforin  all  the  duties  of  the  commissioners  and 
officers  to  conduct  the  elections  at  the  courthouse  or  courthouses. 

Time  within  4.   When  the  secretary  of  the  commonwealth,  or  any  one  appointed 

p.rform"d  toy  him  to  perform  the  duties  of  the  officer  to  conduct  the  election  at 

the  courthouse,  are  required  to  perform  any  act,  either  separately  or 

conjointly  with  others,  the  time  in  which  such  act  is  to  be  performed 

shall  be  thirty  days  after  the  time  now  fixed  by  law. 

Commencement       5.   This  act  shall  be  in  force  from  its  passage. 


Chap.  :59.^-An  ACT  to  provide  for  the  Election  of  County  Officers   in 

certain  cases.     • 

•  Passed  March  11,  1663.    ' 

when  county  1.    Be  it  enacted  by  the  general  assembly,  that  in  all  cases  where, 

prohibited  from  .  '  .  _  ,         ,  , 

aoiding.an  eiec-  on  account  ot  the  occupation  of  any  county,  city  or  town  by  the  pub- 
lic enemy,  or  from  any  cause  connected  therewith,  the  people  of  such 
county,  city  or  town  .have  heretofore  been  or  hereafter  may  be  pre- 
vented from  holding  elections  for  county  or  corporation  officers,  at 


ELECTION   LAWS. COURTS.  77 

* 

the  times  and  in  the  manner  prescribed  in  section  three,  chapter 
seven  of  the  Code_  of  Virginia  (edition  of  eighteen  .hundred  and 
sixty),  the  county  or  corporation  courts,  as  the  case  may  be,  shall,  Court  may  order 

,  ,  ,  . ,     .-  -,     ,  •       , ,      writ  of  election 

as  soon  as  such  causes  are  removed,  order  writs  ot  election,  in  the 
manner  prescribed  in  chapter  seven,  section  twenty-two  of  said 
Code,  for  filling  vacancies,  said  elections  shall  be  held  and  dll  pro- 
ceedings relative  thereto  conducted  in  the  manner  and  according  to 
the  provisions  provided  for  filling  vacancies  in  such  offices. 

2.  Such  elections  shall  be  for  the  unexpired  terms  of  the  offices  Unexpired 

i  n,i     ^  •  terms 

thus  filled. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  40. — An  ACT  changing  the  times  of  holding  the  Circuit  Courts  of 
the  J  4th  Judicial  Circuit. 

Paused  February  13,  1863.  .  • 

1.  Be  it  enacted  by  the  general  assembly,  that  an  act  passed  March  Act  <>f  March 
third,  eighteen  hundred  and  fifty-four,  be  amended  and  re-enacted  so 

as  to  read  as  follows : 

"The  circuit  courts  for  the  fourteenth  circuit  shall  hereafter  be  Terms  of  coum 
holden  on  the  following  days,  viz :  For  the  county  of  Craig,  on  the 
fifteenth  day  of  March  and  August;  for  the  county  of  Roanoke,  on. 
the  twenty-second  day  of  March  and  August ;  for  the  county  of 
Botetourt,  on  the  first  day  of  April  and  September;  for  the  county 
of  Alleghany,  on  the  thirteenth  day  of  April  and  September;  for 
the  county  of  Pocahontas,  on  the  twenty-third  day  of  April  and  Sep- 
tember ;  for  the  county  of  Greenbrier,  on  the  first  day  of  May  and 
October;  for  the  county  of  Monroe,  on  the  twelfth  day  of  May  and 
October." 

2.  This  act  shall  be  in  force  from  and  after  the  first  day  of  July  Commencement 
next. 


Chap.  4j. — An  ACT  to -enlarge  the  Powers  of  the  Circuit  Courts  of  the 
several  Counties  and  'Corporations  in  cases  of  Attachments  against  Non- 
residents. 

/ 
Passed  February  16,  1663. 

1.    Be  it  enacted  by  the  general  assembly,  that  during  the  conti-  Attachments 

•„     ,  ,        '.        .  "      -..     ,  .  .       ag-rtintit  non-rest 

nuance  ot  the  present  war,  the  circuit  courts  ol  the  several  counties  dents 
and  corporations  of  this  state,  or  the  judge  of  any  such  court  in 
vacation,  in  all  cases  of  proceedings  by  wa}'  of  attachment  against 
'uon-resideiits,  wherein,  slaves  may  be  levied  upon,  shall  have  power  Sale  of  slaves. 

how  ordered 


78  ,  COURTS. 

to  order  the  sale  thereof,  when,  by  reason  of  the  destruction  of  the 
jail  of  said  county  or  corporation,  'or  from  other  cause,  said  slaves 
cannot  be  safely  kept,  or  when,  by  reason  of  the  great  expense  at- 
tending the  support  and  maintenance  of  said  slaves,  during  the  pen- 
dency of  said'attachment,  it  may,  in  the  opinion  of  said  court,  be  pro- 
per to  order  such  sale. 

How  made  2.    Any  sale  directed  to  be  made  under  the  foregoing  section,  shall 

be  ordered  and  made  in  accordance  with  the  provisions  of  section 
sixteen  of  chapter  one  hundred  and  fifty-one  of  the  Code  of  Virginia 
(edition  of  eighteen  hundred  and  sixty),  except  that  such  sale  may 
be  ordered  to  be  made  elsewhere  than  in  the  county  in  which  said 
attachment  may  be  pending. 

commencement      3.   TJits  act  shall  be  in  force  from  its  passage. 


Chai\  48.— An  ACT  to  extend  the  time  within  which  to  institute  Proceed- 
ings fur  Misdemeanors  in  Counties,  Cities  and  Towna  iu  possession  of  or 
threatened  by  the  Enemy. 

Paused  March  23,  1863. 

Umttatioa  1.    Be  it  enacted  by  the  general  assembly,  that  in  such  of  the  coun- 

ties, cities  and  towns  of  this  commonwealth  as  are  or  may  hereafter 
be  so  occupied  or  threatened  by  the  public  enemy,  as  that  the  courts 
cannot  sit  regularly  for  the  trial  of  causes,  the  period  between  the 
passage  of  this  act  and  six  months  after  the  ratification  of  a  treaty 
of  peace  between  the  Confederate  Stales  of  America  and  the  United 
States  of  America,  shall  be  excluded  from  the  computation  of  the 
time  within  which,  by  the  terms  or  operation  of  any  statute  or  rule 
of  law,  it  may  be  necessary  to  institute  or  commence  proceedings  or 
prosecutions  against  parties  who  may  commit  any  misdemeanor. 

Commencement     .2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  43. — An  ACT  to  amend  the  act  passed  March  ICth,  1862,  entitled  an 
act  to  amend  and  re-enact  an  ordinance  extending  the  Jurii-dietionvof  tho 
County  Courts  in  certain  ca>es,  passed  by  the  Convention  on  the  xioth  day 
of  June  Iribl. 

PaBKd  M*rch  23,  1863. 

Act  of  1862  Be  it  enacted  by  the  general  assembly,  that  the  act  passed  March 

iroeniJed  tenth,  eighteen  hundred  and  sixty-two,  entitled  an  act  to  amend  and 

re-enact  an  ordinance  extending  the  juiisdiption  of  the  county  courts 
in  certain  cases,  passed  by  the  convention  on  the  twenty-sixth  day  of 
June  eighteen  hundred  and  sixty-one,  be  and  the  same  is  hereby 
amended  and  re-enacted  so  as  to  read  as  follows  : 


COURTS.  79 

Ml.    Be  it  enacted  by  the  general  assembly,  that  an   ordinance  OrdinaEcc, 

,,..  .  i  -i-ip-r  -i  amended 

passed  by  the  convention  on  the  twenty-sixth  day  ot  June  eighteen 
hundred  and  sixty- one,  be  amended  and  re-enacted  so  as  to  read  as 
follows : 

'When  the  court  of  any  county  shall  fail  to  meet  ffrr  the  transac-  JuriwUeijon  »f 
*  court  b 

tion  of  business,  or  the  people  thereof,  or  any  of  them,  shall  be  pre- 
vented from  attending  thereupon  by  reason  of  the  public  eneni}',  the 
court  of  the  county  next  thereto,*  where  such  obstruction  does  not 
exist,  and  the  clerk  thereof,  or  the  circuit  court  of  the  city  of  Rich- 
mond, and  the  clerk  thereof,  shall  have  jurisdiction  of  all  matters, 
and  authority  to  do  and  perform  all  acts  which,  as  the  law  now  is, 
are  referable  to  the  court  or  to  the  clerk  of  the  county  so  obstructed : 
provided,  however,  that  the  authority  to  admit  to  record  the  writings 
.mentioned  in  the  fifth  and  sixth  sections  of  chapter  one  hundred  and 
eighteen  of  the  Co^le  of  Virginia,  shall  by  this  act  be  extended  only 
to  the  circuit  court  of  the  city  of  Richmond,  and  the  clerk  thereof : 
and  further,  that  such  admission  to  record  shall  be  invalid  unless 
such  writing  shall  be  duly-  admitted  to  record,  according  to  the  laws 
ot  this  commonwealth  in  force  prior  to  the  twenty-sixth  June  eighteen 
hundred  and  sixty-one,  within  twelve  months  after  the  ratification 
of  a  treaty  of  peace  between  the  United  States  and  the  Confederate 
States  of  America.' 

"2.   No  tax  shall  be  charged  on  the  admission  to  record  of  any  where  no'tss  to 

,  ..         .,         .        .  ct-,-1  -,  be  charged 

Buch  writing  in  the  circuit  court  ot  Richmond. 

"3.    It  shall  be  the  duty  of  the  clerk  of  the  circuit  court  of  the  Duty  of  citrk 
city  of  Richmond,  whenever  the  said  clerk  has  notice,  on  the  face  of 
a.ny  such  writing  or  otherwise,  in  what  county  or  corporation  said 
writing  ought  to  be  recorded,  within  twelve  months  after  a  treaty  of 
peace  between  the  United  States  and  the  Confederate  States,  to  trans- 
mit for  recordation  a  copy  of  such  writing  to  the  clerk  of  the  court 
ol  the  count}'  or  corporation  in  which  such  writing  should  be  recorded, 
according  to  the  laws  of  this  commonwealth  in  force,  prior  to  the 
twenty-sixth  day  of  June  eighteen  hundred  and  sixtj'-one;  and  in  Penalty  for  fail- 
case  of  the  failure  of  the  clerk  <3f  the  said  circuit  court  to  perform 
the  duty  herein  required  of  him,  he  may,  upon  motion  of  any  party 
injured  by  such  failure,  after  ten  days'  previous  notice,  be  fined  by 
said  circuit  court  not  less  ihan  ten  dollars  nor  more  than  one  hundred 
dollars  for  every  such /failure  ;  to  be  paid  to  the  party  injured.     It  Fees  and  post- 
shall  be  lawful  for  the  clerk  of  said  circuit  court  to  charge  i\  fee 
for  such  copy  of  said  writing  so  transmitted,  and  the  postages  al- 
lowed by  section  ten  of  chapfev  one  hundred  and  eighty-four  of  the  ' 
Code  of  Virginia   (edition   of  eighteen   hundred   and   sixty);   which 
fees  and  postages  shall  be  collected  as  other  clerks'  fees. 

•*  4.    This  act  shall  be  in  force  from#ts  passage."  Commoncc-men* 


SO  COURTS. — JAILORS'    FEES. 

Chap.  44. — An  ACT  authorizing  the  Court  of  Appeals  to  hold  its'  Sessions 
at  other  places  than  Lewisburg. 

*  Paused  March  12,  1863. 

Plage  for  holding  1.  Be  it  enacted  by  the  general  assembly,  that  the  annual  sessions 
efcWngt'd  ^  'of  the  supreme  court  of  appeals,  provided  by  law  to  be  held  at  Lew- 
isburg in  the  county  of  Greenbrier,  may,  during  the  continuance  of 
the  present  war  with  the  United  States,  be  held  at  such  other  place 
on  the  western  side  of  the  Blue  Ridge  of  mountains  as  the  said  court* 
or  a  majority  of  the  judges  thereof  in  vacation,  may  from  time  to 
Notice  to  be  giv-  time  direct  and  appoint ;  of  which  removal  due  notice  shall  be  given, 
by  publication  thereof  in  one  or  more  of  the  newspapers  printed  in 
the  city  of  Richmond ;  and  all  laws  now  in  force  applicable  to  the 
said  court  when  its  sessions  are  held  at  Lewisburg,  shall  apply  in 
like  manner  to  said  court  and  its  sessions  when  held  at  any  other 
place,  under  the  provisions  of  this  act. 

Removal  of  li-        -2.    The  said  court,  or  a  majority  of  the  judges  thereof  in  vacation, 
♦vordn  a<  may  order  the  removal  of  the  library  and  the  records  of  said  court  at. 

Lewisburg  to  such  place  as  the  said  court  may,  under  the  provisions 
of  this  act,  appoint  for  its  sessions:  and  a  sum  not  exceeding  on** 
thousand  dollars  is  hereby  appropriated  for  the -purposes  of  such  re- 
moval ;  to  be  paid  upon  the  order  of  such  court,  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated. 

Commencement       3.    This  act  shall  be  in  force  from  its  passage. 


Chap.  45. — An  ACT  to  amend  and  re-enact  the  1st  section  of  an  act  entitled 
an  act  to  increase  Jailors'  Fees  for  keeping  and  supporting  Prisoners, 
passed  September  24,  1862. 

Passed  March  17, 1863. 

Act  of  1862  1.    Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 

the  act  entitled  an  act  to  increase  jailors'  fees  for  keeping  and  sup- 
porting prisoners,  passed  September  twenty  -fourth,  eighteen  hundred 
and  sixty-two,  be  amended  and  re-enacted  so  as  to  read  as  follows: 

.Miorg'  fcos  "§1.   Jailors  shall  hereafter  be  allowed  one  dollar  per  day  for 

keeping  and  supporting  persons  confined  in  the  Jails  of  this  common- 
wealth, and  a  fair  proportion  of  said  sum  for  any  time  less  than 
twenty-four  hours;  and  in  all  cases  the  allowance  shall  be  made  on 
an  account  stating  the  time  for  which  tjie  person  or  persons  remained 

Power  of  courts  in  jail :  provided,  that  the  county  and  corporation  courts  of  the  com- 
monwealth may  establish,  in  their  discretion,  a  different  rate,  not  less 
than  thirty -five  cents  nor  more  than  one  dollar  and  twenty- five  cents 
per  diem." 

Gommeucement      2.   This  act  shall  be  in  force  from  its  passage. 


FIDUCIARIES.  .8* 


Chaf.  46. — An  ACT  authorizing, Fiduciaries  to  invest  Funds  in  their  Iffynds 
in  certain  cases,  and  for  other  purposes. 

Passed  March  5,  18G3. 

1.  Be  it  enacted  by  the  general  assembly,  that  whenever  any  guar-  yvfcen  *j«uc»ary 

•      ."  ,      .    .  ■  ,  n ',  may  Invent* 

dian,  curator,  committee,  executor,  administrator  or  other  fiduciary  tunAi* 
or  trustee  may  have  in  his  hands  moneys' received  in  the  due  exer- 
cise of  his  trust,  belonging  to  the  estate  or  trust  fund  held  by  him  as 
fiduciary  or  trustee,  which  moneys  any  such  fiduciary  or  trustee  may, 
from  the  nature  of  his  trust,  or  for  any  cause  whatever,  be  unp-ble  to 
pay  over  to  the  cestuis  que  tnM  or  parties  entitled  thereto,  it  shall 
be  lawful  for  such  fiduciary  orrrustee  to  apply,  by  motion  or  petition, 
to  any  judge  of  a  circuit  court  in  vacation,  for  leave  to  invest  the 
whole  or  any  part  of  such  moneys  in  interest  bearing  bonds  or  certi-  in  what  farfMs 
ficates  of  the  Confederate  States  or  of  the  state  of  Virginia,  or  any  may- 
other  sufficient  bonds  or  securities  of  or  within  the  said  state ;  and 
the  said  judge  may,  in  his  discretion,  grant  such  leave.  The  bonds, 
when  practicable,  shall  be  taken  in  the  name  of  such  fiduciary  or 
trustee,  in  his  fiduciary  character :  and  whenever  such  investment 
shall  be  made,  such  fiduciary  or  trustee  shall  be  released  from  respon- 
sibility for  the  moneys  thus  invested ;  but  it  shall  be  his  duty  to  pre- 
serve the  bonds  thus  taken,  and  to  exercise  due  diligence  in  collect- 
ing the  interest  accruing  thereon,  and  in  making  a  proper  application 
thereof:  provided,  that  nothing  herein  contained  shall  authorize  said 
fiduciary  or  fiduciaries  to  change  the  character  of  an  existing  invest- 
rnent,^por  any  investment  made  under  the  provisions  of  this  law, 
until  authorized  by  the  decree  of  a  circuit  court  of  competent  juris- 
diction :  and  provided  further,  that  the  provisions  of  the  foregoing 
section  shall  not  be  so  construed  as  to  interfere  with  the  powers  now 
exercised  by  courts  of  chancery  over  the  subject. 

2.  Be  it  further  enacted,  that  whenever  any  fiduciary  ov  fiducia-  as  to  jotat  sda- 
ries,  trustee  or  trustees,  residing  in  this  state,  have  been  or  may  be  earte 
authorized  to  exercise  any  power  or  to  do  any  act  jointly  with  one  or 

more  fiduciaries,  trustee  or  trustees,  residing  within  the  limits  of  the  • 
United  States,  it  shall  be  lawful  for  the  fiduciary  or  fiduciaries,  trus- 
tee or  trustees,  residing  in  this  state,  to  exercise  any  such  power  or 
to  do  any  such  act  without  the  concurrence  of  the  non-resident  fidu-  . 
ciary  or  fiduciaries,  trustee  or  trustees ;  and  the  act  of  tlie  resident 
fiduciary  or  fiduciaries,  trustee  or  trustees,  shall  have  the  same  force 
and  effect,  to  all  intents  and- purposes,  as  if  it  had  been  the  joint  act 
of  all  such  fiduciaries  or  trustees.  ♦ 

3.  This  act  shall  be  in  force  from  its  passage,  and  continue  in  ommeBoemeat 
force  until  the  expiration  of  six  months  after  the  ratification  of  a  an  cou  lnua  oa 
treaty  of  peace  between  the  Confederate  States  and  the  United 

States. 


^  •  FIDUCIARIES. — BANKS.* 


Chap.  47. — An  ACT  to  provide  against  the  Forfeiture  of  Compensation  to" 
Fiduciaries  in  certain  cases. 

Passted  March  11, 1863. 

wksJt  aiiotved         1.   Be  it  enacted  by  the  general  assembly,  that  when  a  compliance. 

it  mUHai^M?  on  tue  l,art  °f  auy  fiduciary,  with  the  seventh  section  of  chapter  one 
hundred  and  thirty-two  of  the  Code  of  Virginia,  has  been  or  shall  be, 
during  the  present  war,  prevented  by  the  occupation  or  invasion  of  a 
county  by  the  public  enemy  ;  the  absence  of  the  commissioner  autho- 
rized to  settle  the  accounts  of  such  fiduciary ;  the  employment  of  such 
fiduciary  in  the  military  service  of  tJj^s  state  or  of  the  Confederate 
States,  or  by  any  other  cause  growing  out  of  the  present  war,  render- 
ing such  compliance  impracticable,  such  fiduciary  shall  not,  for  such 
fairare,  forfeit  a  compensation  for  his  services :  provided  such  fidu- 
ciary shall,  within,  six  months  after  the  removal  of  such  cause  of 
failure,  exhibit  before  the  proper  commissioner  the  statement  and 
vouchers  mentioned  in  said  section. 

Commencement .     2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  48. — An  ACT  authorizing  Che  Ranks  of  the  Commonwealth,  during 
the  existing  war,  to  convert  Confederate  Treasury  Notes  in  their  possession 
into  other  obligations  of  the  Confederate  States. 

Passed  March  24,  1863.  # 

r  . 

Ccic  amended  1-  Be  it  enacted  by  the  general  assembly,  that  the  thirty-third 
section  of  the  fifty- eighth  chapter  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty)  be  amended  and  re-enacted  so  as  to 
read 'as  follows  : 

When  bank  mi-.y      "§  33.    Any  bank  authorized  to  carry  on  business-  as  a  bank  of 
,«an  money         circulation,  deposit  and  discount,  may  loan  money  for  a  period  not 
exceeding  six  months,  and  discount  any  bill  of  exchange,  promissory 
note  or  other  negotiable  paper  for  the  payment  of  money,  which  will 
be  payable  within  six  months  from  the  time  of  discounting  the  same. 
What  interest     A  bank  may  take  interest  on  its  loans  and  discounts  at  the  rate  of 
back  mny  take.   onc.])air  of  one  per  centimi  for  thirty  days,  and  the  interest  may  be 
U).'ins,h<.w  re-    received  in  advance.     Each  bank  shall  so  regulate  its  loans  and  dis- 
counts that  they  shall  not  exceed  twice  the  amount  of  the  capital 
Pr.  vtH.-,  «a  to       actually  paid  in:  provided,  however,  that  during  the  existing  war, 
trt .ifKiry  notes     ^Q<j  untji  s;x  months  after  the  ratification  of  a  treaty  of  peace  be- 
.    tween  the  Confederate  States  and  the  United  States,  any  bank  may 
convert  the  treasury  notes  and  other  evidences  of  debt  of  the  Con- 
federate States  into  the  notes  or  obligations  of  said  Confederate 
States,  to  an  amount  not  exceeding  the  amount  of  its  capital  stock, 
in  addition  to  its  other  loans  and  discounts  in  this  section  amhorized, 
and  to  treat  the  same  as  part  of  its  loans  and  discounts :  and  pro- 


BANKS.  _  80 

•   • 
vi.ded  further,  that  said  banks  shall  be  authorized  to  convert  only  the 

treasury  notes  of  the  Confederate  States,  issued  and  dated  prior  to 

the  first  of  April  eighteen  hundred  and  sixty-three." 

2.-  This  act  shall  be  in  force  from  its  passage.  •    commencement 


* 


QH45,  40. — An  ACT  to  amend  and  re-enact  section  i,  chapter  57,  of  an  act 
passed  March  1,  1861,  entitled  an  act  for  the  Relief  of  the  Banks  of  this 
'Common  wealth. 


Passed  March  18,  1863. 


1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  <  f  issi 
the. act  entitled  an  act  to  amend  and  re-enact  section  first,  chapter" 
fifty-seven  of  the  Acts  of  eighteen  hundred  and  sixty-one,  be  amended 

and  ft-enacted  so  as  to  read  as  follows  : 

"  §  1.   Be  it  enacted  by  the  general  assemMy,  that  so  much  of  all  Forfeiture  of 
or  any  acts  as  now  may  subject  any  bank'  or  banking  corporation  ponded  "  • 
incorporated  by  the  laws  of  this  commonwealth,  now  in  operation,  or 
which  may  be  put  in  operation  whilst  this  act  is  in  force,  to  the  for- 
feiture of  its  charter,  or  to  any  other  penalty,  for  failing  or  refusing 
to  'pay.  or  redeem  its  notes  or  debts  in  specie,  shall  be 'and  the  same 
are"  hereby  suspended  until  the  first  day  of  March  eighteen  hundred 
%nd  sixty-three,  and  until  otherwise  provided  by  the  general  assembly 
of  Virginia :  and  if  any  such  bank  or  banking  corporation,  shall  have 
forfeited  its  charter  by  failing  or  refusing  to  pay  in  specie  any  notes 
or  other  debts  due  from  #uch  bank,  the  forfeiture  thereby  incurred 
shall  be  remitted,  and  the  charter  of  such  bank,  with  all  the  rights  charter  -n  tore? 
and  powers  thereby  conferred,  except.such  portions  thereof  as  are 
herein  before  suspended,  shall  be  and  the  same  is  hereby  declared,  to 
be  in  full  force  and  effect,  to  all  intents  and  purposes  :  provided,  that  Proviso 
nothing  herein  contained  shall  be  so  construed  as  to  prevent  the  re- 
covery of  the  amount  of  any  note  or  debt  due  from  any  such  bank, 
with  legal  interest  thereon,  in  the  mode  prescribed  by  law." 

2.  This  act  shall  be  in  force  from  its  passage.  Commeiiceraent 


Chap.  50.— An  ACT  authorizing  the  Branch  of  the  Exchange  Bank  of  Vir- . 
ginia  at  Richmond  to  declare  a  Dividend. 

Passed  February  28,  18C3. 

1.   Be  it  enacted  by  the  general  assembly,  that  so  lyng  as  the  Ex-  Bank  at  Rich 
change  Bank  of  Virginha  at  Norfolk  shall  remain  within  the  lines  of  diwoena  d"c'are 
the  public  enemy,  it  shall  be  lawful  and  the  duty  of  the  branch  of    . 
said  bank  at  Richmond  to  declare  dividends  of  profit  at  the  same 


S4  BANKS. 

times  and  to  the  game  extent,  and  in  the  same  manner  the  parent 
Coiitritmrion  bank  might  do,  if  situated  within  our  own  lines.  When  such  divi- 
bS^'how  dp  dend  shall  be  declared,  it  shall  be  lawful  and  the  duty  of  said  branch 
inimdMi  bank  to  demand  contribution  from  the  other  branches  of  said  hank, 

in  the  same  manner  the  parent  bank  might  do,  to  make  payment 
thereof;  and  upon  satisfactory  evidence  being  furnished  of  the  names 
of  persons  holding  i  hares,  and  the  amount  so  held,  to  pay  the  divi- 
dend, the  tax  thereon,  and  the  bonus  on  the  capital  stock  of  said 
bank,  within  the  time  and  in  the  manner  the  parent  bank  would  be 
required  to  do,  if  a  dividend  had  been  declared  by  said  parent* bank. 
The  said  branch  bank  may  at  any  time  declare  a  dividend  for  the 
six  months  ending  on  the  first  day  of  December  last,  in  pursuance  of 
this  act. 

CviBiLencemout      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  51. — An  ACT  amending  and  re-enacting  the  5th  and  Cth'spctions  of 
the  act  passed  March  13,  \6fr2,  entitled  an  act  to  convert  the  Northwest- 
ern Bank  of  Virginia  at  Jeffersonville  into  a  separate  and  indcoendent 
Bank. 

Passed  March  11,  1863. 
% 

Act  of  1662  1.   Be  it  «-nactod  by  the  general  assembly,  that  the  fifth  and  sixth, 

sections  of  the  aot  passed  March  thirteenth,  eighteen  hundred  and 
sixty-two,  entitled  an  act  to  convert  the  branch  of  the  Northwestern 
Bank  of  Virginia  at  Jeffersonville  into  a  separate  and  independent 

\  bank,  be  amended  and  re-enacted  so  as  to  read  as  follows: 

when  loyal  "§  5.    At  any  time  within  three  months  from  the  passage  of  this 

cUmand  tra^fer  &ct,  any  loyal  holder  of  stock  in  the  Northwestern  B*mk  of  Virginia, 
whose  stock  in  said  bank  was  purchased  through  said  branch,  or" 
whose  dividends  have  usually  heretofore  been  credited  to  him  at  said 
branch,  may  return  and  assign  to  the  said  Graziers  Bank  of  Vir- 
ginia .such  stock,  and  demand  and  receive  in  lieu  thereof  a  certificate 
for  a  like  number  of  shares  of  stock  in  said  Graziers  Bank  of  Vir- 
ginia: provided,  however,  that  if  before  the  first  day  of  July  eighteen 
hundred  and  sixty-three,  satisfactory  reasons  shall  be  shown  to  the 
board  of  directors  of  the  Graziers  Bank  for  the  failure  of  any  such 
stockholder  to  avail  himself  of  the  benefits  of  the  foregoing  provision, 
the  said  board  shall  certify  such  reasons,  with  tl^ir  opinion  on  the 
same,  to  the  governor. 

t 
Certificates  of         "§"6.   As  soon  as  maybe  after  the  expiration  of  the  said  three 
tamed  audaa      months  from  the  passage  of  this  act,  the  governor  of  the  state  shall 
signed  cause  certificates  of  the  stock  held  by  the  tftate  in  the  said  North- 

western Bank  of  Virginia,  for  an  amount  equal  to  the  balance  of  the 

capital  stock  of  said  branch,  not  exchanged  under  the  previous  sec- 

v 


HANKS. INTERNAL,   IMPROVEMENTS.  .  Hf> 

ti.oii,  to  be  in  like  manner  returned  and  assigned  to  said  Graziers. 
Bank  of  Virginia,  for  a  like  number  of  shares  of  the  stock  thereof: 
provided,  however,  that  on  the  cenificate  authorized  in  the  preceding 
section  being  received  by  the  governor,  it  shall  be  his  duty  to  trans- 
fer to  the  stockholder  to  whom  the  same  shall"  be  given,  out  of  the 
stock  herein  directed  to  be  transferred  to  the  state,  a  quantity  there- 
of equal  to  the  amount  held  by  such  stockholder  in  the  Northwestern 
Bank,  together  with  any  dividends  thereon  which  may  have  accrued 
to  the  state  under  the  sixth  section  of  said  act." 

2.   This  act  shall  be  in  force  from  its  passage.  Commencement 


€haj>.  52. — An  ACT  authorizing  tlie  Sale  of  the  Roanoke  Valley  Rail  Road. 
Passed  February  13,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  Roanoke  valley  Power  to  «u 
rail  road  company  shall  have  power  to  sell  at  public  auction,  to  the 

tiighest  bidder,  their  road,  together  with  all  their  property  of  every  " 
sort  and  description  :  provided,  that  a  notice  of  sixty  days  of  said  Notice  of  sale 
sale  shall  be  published  in  one  or  more  of  the  Richmond  papers : 
provided  further,  that  said  sale  shall  be  subject  to  the  approval  of  Sale  subject,  n» 
"the  board  of  public  works,  to  a  majority  of  the  stockholders,  and  board  of  pu'blit 
that  the  proceeds  of  said  sale  shall  be  sufficient  to  pay  all  the  debts  wor 
of  said  company  ;  and  the  purchasers  under  this  act  shall  have  and 
•enjoy  all  the  rights,  privileges  and  immunities  which  the  said  Roanoke 
valley  rail  road  eompany  had  under  \ts  charter,  and  the  acts  amen- 
datory thereof:  provided,  however,  that  .the  purchasers  under  this  Proviso 
a«t  shall  give  guarantees,  satisfactory  to  the  board  of  public  works, 
£hat  the  use  of  said  road  shall  be  continued  ae  heretofore  :  provided 
further,  that  the  sale  hereby  authorized  shall  not  be  valid,  if,  on  or 
before  the  day  of  sale,  a  majority  of  the  mortgage  creditors  of  said 
company,  whose  claims  are  not  due,  shall  object  to  such  sale — such    ' 
-objection^ if  made,  to  be  signified  in  writing  to  the  president  of  the 
"tympany :  and  provided  also,  that  a  majority  of  the  holders  of  the 
safrortgaged  bonds  of  said  corporation  shall  give  their  assent  in  wri- 
ting to  the  making  of' such  sale. 

.  * 

2.  Be  it  further  enacted,  that  out  of  the  proceeds  of  such  sale  the  Proceeds  of  saw? 
«debt  of  said  company  shall  first  be  paid,  and  then  shall  be  paid  to 

the  state  of  Virginia  the  preferred  stock  held  by  said  state  in  said  . 
■company ;  and  what  remains  of  the  proceeds  of  said  sale  shall  be 
divided  ratably  among-  the  stockholders  of  said  Roanoke  valley  rail 
Mad  company. 

3.  This  act  shall  foe  jo  force  from  its  passage.  Commencement 


KG  INTERNAL    IMPROVEMENTS. DISTILLATION, 


Chap.  53. — An  ACT  to  convert  into  Stock,  to  be  held  by  the  State,  the  In- 
terest in  arrear,  due  by  the  South  Side  Eail  Road  Company  to  the  State.' 

Passed  March  25,  1863. 

Ainount  of  into-  1.  Be  it  enacted  by  the  general  assembly,  that  under  the  superin- 
v^rted  into  stock  ten  den  ce  of  the  board  of  public  works,  the  whole  amount  of  the 
interest  in  arrear  from  the  South  side  rail  road  company  to  the  com- 
monwealth of  Virginia,  to  wit,  the  sum  of  one  hundred  and  ninety- 
six  thousand  dollars,  bo  converted  into  stock,  to  be  held  by  the  state 
an  owner  of  so  much  stock  in  the  said  rail  road,  in  conformity  with 
the  resolution  of  the  stockholders  in  said  rail  road,  adopted  by  thera 
on  December  third,  eighteen  hundred  and  sixty-two,  in  general  meet- 
ProviM.  ing  assembled  on  that  day  in  the  city  of  Petersburg :  provided,  that 

*  the  said  one  hundred  and  ninety-six  thousand  dollars  shall  be  a  pre- 
ferred stock,  and  six  per  centum  thereon  shall  be  paid  into  the  trea- 
sury of  the  commonwealth,  whenever  any  dividend  shall'be  declared 
by  the  company  :  and  provided  further,  that  the  amount  of  interest 
hereby  authorized  to  be  converted  into  preferred  stock  shall  be  appro- 
priated exclusively  to  the  construction  of  the  new  line  of  road  near 
Farmville,  as  provided  by  the  act  passed  the  twenty-sixth  day  of 
Januaiy,  eighteen  hundred  and  sixty-two,  for  tharpurpose  :  and  pro- 
vided further,  that  this  act  shall  not  continue  to  be  in  effect,  unless 
the  construction  t>f  the  new  line  referred  to  is  commenced  within  one 
year  and  completed  in  three  years  from  the  passage  of  this  act ;  and 
upon  a  failure  to  complete  the  same  as  aforesaid,  the  sum  hereby 
appropriated,  with  interest,  shall  be  paid  into  the  treasury  by  said 
company. 

jConraenceinent       2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  54. — An  ACT  to  amend  and  re-enact  an  act  entitled  an  act  to  amend 
and  re-enact  an  act  entitled  au  act  to  prevent  the  unnecessary  Consump- 

•  tion  of'  Grain  by  Distillers  and  other  Manufacturers  of  Spirituous  and  Malt 
Liquors,  passed  October  2,  JS6'2.  • 

Passed  March  11, 1863. 

Act  of  \ap%  .  1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 
an  act  passed  on  the  second  day  of  October  eighteen  hundred  and 
sixty-two,  entitled  an  act  to  amend  and  re-enact  ah  act  entitled  an 
act  to  prevent  the  unnecessary  consumption  of  grain  by  distillers  and 
other  manufacturers  of  spirituous  and  malt  liquors,  be  amended  and 
re-enacted  so  as  to  read  as  follows : 

.Distillation  pro-       "§  1.    It  shall  not  be  lawful  for  any  person  hereafter  to  make  or 

hlblted  ,  ,  ...  .  .   .  •». 

cause  to  be  made  any  whiskey,  or  other  spirituous  or  malt  liquors, 
out  of  any  corn,  wheat,  rye  or  other  grain,  or  out  of  potatoes,  sugar, 
molasses,  sugar  cane,  molasses  cane  or  sorghum;  and  any  person  so 


DISTILLATION.  S7 

offending-  shall  be  deemed  guilty  of  a  misdemeanor ;  and  upon  con-  Ponakiee 
viction  thereof,  shall  be  fined  for  every  offence  not  less  than  one 
hundred  dollars  nor  more  than  five  thousand  dollars,  and  be  subject 
to  imprisonment  in  the  county  jail  not  exceeding  twelve  months,  at 
the  discretion  of  the  court:  provided,  that  this  act  shall  not  be  so  proviso 
construed  as  to  impair  the  obligation-  of  any  existing  contract  legally 
entered  into  under  the  existing  laws,  or  any  rights  growing  out  of  any 
such  contract :  but  this  proviso  shall  mrt  be  construed  to  refer  to  any 
other  contracts  than  those  made  directly  with  the  confederate  autho- 
rities, under  the  provisions  of  the  law  of  October  eighteen  hundred, 
and  sixty-two."        .  '  , 

■  2.    This  act  shall  be  in  force  from  its  passage.  Comniouiemeut 


Chap.  55. — An  ACT  to  repeal  the  act  passed  October  1st,  186<2,  ejititled  an 
act  legalizing  the  Manufacture  of  Alcohol. 

Passed  March  11,  18<;:f. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  passed  Act  of  !*•*• 
October  first,  eighteen  hundred  and  sixty-two,  entitled  an  act  le-  ' 
galizing  the  manufacture  of  alcohol,   be  and  the  same  is,   hereby 
repealed.  -  v 

2.  This  act  shall  be  in  force  from  its  passage.  Commeaceiueat  # 


Chap.  58. — An   ACT   for   the    Kelief  of  certain   persons   engaged    in    the 
Distillation  of  Fruit.        • 

PaHsed  March  28,  1863.  * 

1.    Be  it  .enacted  by  the  general  assembly,  that  an)'  person  who  vvin-n  imtshu 
has  heretofore  paid  the  tax  and  the  penalty  imposed  by  the  thirty-  md>  appcdl 
third  section  of  an  act  passed  the  twenty-seventh  of  March  eighteen 
hundred  and  sixty-two,  or  by  an  act  passed  the  second  of  October 
eighteen  hundred  and  sixty-two,,  amending  and  re-enacting  said  sec- 
tion, may  appear  before  the  court  of  his  county  or  corporation,  and  ^ 
make  oath  that  he  failed  to  obtain  license  for  the  distillation  of  fruit, 
only  through  ignorance  or  misapprehension  of  the  law.     Said  person 
shall  thereupon' be  examined  on  oath  by  the  attorney  for  the  com- 
monwealth; and  if  the  court  be  satisfied  that  the  failure  to  obtain  when  court  m«- 
license  was  for  the  cause  alleged,  and  not  with  intent  to  defraud  the  n'res 
commonwealth,  the  court  shall  order  the  clerk  to  give  to  said  person  , 
'a  certificate  to  that  effect;  and  whenever  such  certificate  shall  be  Auditor  to  is»oe 
presented  to  the  auditor  of  public  accounts,  with  satisfactory  proof  ,wanan 
of  the  payment  of  the  tax  and  petia'ty  into  the  treasury*  the  auditor 
shall  issue  his  warrant  on  the  treasury,  payable  oat  of  any  money 


88  OATH   TO    SUPPORT    USURPED   GOVERNMENT. 

*  .•■'"■■?•'  f 

therein  not  otherwise  appropriated,  in  favor  of  said  person  for  a  mm 

equal  to  the  penalty,  minus  the  commissions  of  the  sheriff:  and  upon 
a  like  certificate  and  proof  that  any  person  has  in  like  mariner  satis- 
fied the.  court  of  his  county  or  corporation  that  he  has  heretofore 
paid  the  tax  imposed  by  either  of  said  acts,  and  that  he  has  distilled 
spirits  from  fruit  only  for  his  own  use,  and  has  not  distilled  more  than 
thirty- three  gallons,  the  auditor  shall  issue  his  warrant,  payable  in 
like  manner,  in  favor  of  said  person,  for  a  sum  equal  to  the  tax  paid 
by  him,  less  the  expenses  of  collection. 

Duty  of  ahmff  2.  That  upon  a  like  certificate,  it  shall  be  the  duty  of  the  sheriff 
of  any  county  or  corporation  to  release  from  payment  of  the  penalty 
imposed  by  either  of  said  acts,  any  person  heretofore  engaged  in 
distilling  ardent  spirits  from  fruit  without  license  therefor  -^but  such 
person  shall  pay  the  tax  imposed  by  said  acts  prior  to  his  release 
from  said  penalty;  and  the  said*  certificate  shall  serve  as  a  voucher 
for  the  sheriff  in  his  settlement  with  the  auditor. 

Atlorimy  tobe  ,'}.  That  in  every  case  the  said  certificate  of  the  court  shall  state 
that  the  attorney  for  the  commonwealth  defended  the  case,  and  shall 
be  authenticated  by  the  seal  of  the  county  or  corporation. 

<)«iomeiic«D)eiu       4.    This  act  shall  be  in  force  from  its  passage. 


CllAl*.  57. — An  ACT  concerning  Officers  of  the  State  who  have  taken  an 
Oath  to  support  an  Usurped  Government  within  the  .limits  of  this  State. 

Hasned  March  26,  1863. 

what,  when  1.    Be  it  enacted  by  the  general  assembly,  that  any  officer  W'ho  has 

vath  token  hv  .  f  . 

officer  been  regularly  elected  or  appointed  according  to  the  laws  of  this 

state,  who  has,  since  the  seventeenth  day  of  April  eighteen  hundred 
and'  sixty-one,  or  who  shall  hereafter,  voluntarily  take  an  oath  or 
affirmation  to  support  any  usurped  government  established  or  at- 
tempted to  be  established  within  the  limits  of  this  state,  and  who 
acts  in  such  office,  claiming  to  act  under  such  usurped  government, 
shall  be  held  to  be  an  officer  under  such  usurped  government,  and  to 
Act*  void  have  vacated  his  office  under  this  state,  and  all  his  acts  thereafter 

To  whom  act  f  shall  be  absolutely  null  and  void.  This  section  shall  also  be  held  te 
*pply  to  judges  of  the  circuit  courts,  and  to  county  and  corporation 
courts  composed,  in  whole  or  in  part,  of  justices  who  may  have  been 
justices  on  the  seventeenth  day  of  April  eighteen  hundred  and  sixty- 
one,  and  who  may  have  held  courts  under  the  authority  of  such 
usurped  government,  or  otherwise  may  have  recognized  or  acted 
under  the  authority  of  such  usurped  government,  and  shall  have, 
taken  an  oath  or  affirmation  to  support  the  same. 

Oeth  or  affirm»-  2.  An  oath  or  affirmation  taken  before  any  person  to  support  any 
such  usurped  government,  whether  the  person  administering  it  be 


'  CHARTERED    COMPANIES. LUNATIC   ASYLUM.  89 

•  "• 

authorized  to  administer  an  oath  or  not,  shall  be  held  to  be  an  oath, 
within  the  meaning  and  intention  of  this  act,  and  within  the  mean- 
ing and  intention  of  any  other  act  in  which  such  oath  nay  be  brought 
in  question.  y-  • 

3.  No  record  evidence  of  the  election,  appointment  or  qualifica-  Record  evidence 
tion  of  any  officer  under  such  usurped  government  shall  be  required, 

but  the  person's  acting  in  the  capacity  of  an  officer,  claiming  to  act 
under  such  government,  shall  be  sufficient  to  establish  his  official 
character. 

4.  This  act  shall  lie  in  force  from  its  passage.  CoLumenetuaeii-t       j 


Chap.  58>. — An  ACT  to  .authorize  the  transfer  and  issue  of  new  Certificates 
'  j        of  Stock  in  Chartered  Companies  in  certain  cases. 

Passed  March  20,  1863. 

1.  Be  it  enacted  by  the  general    assembly,    that  whenever   any  When  property 

i  c  i    •  -i  '  Tiii  so'^  ar"'  sequefi- 

suares  or  stock  in  a  chartered  company  shall  be  sequestered  and  sold  tered 
under  an  ordej  or  decree  of  a  district  court  of  the  Confederate  States, 
as  the  property  of  an  alien  enemy,  the  proper  officers  of  such  com- 
pany shall,  upon  application  of  the  receiver  making  the  sale,  assign 
or  transfer  the  same  to  the  purchaser  on  the  books  of  the  company, 
without  requiring  the  production  of  the  certificate  for  such  shares, 
and  shall  issue  new  certificates  of  stock  to  such  purchaser. 

2.  Be  it  further  enacted,  that  whenever  a  certificate  of  stock  in  New  certificate, 

i  t  ii-  i         t      •   •  '    r*       i"  -l       how  granted 

any  chartered  company  belonging  to  a  loyal  citizen  of  the  Confede- 
rate States,  sjiall  be  beyond  his  control  by  reason  of  the  public  ene- 
my, upon  the  production  of  proper  evidence  to  the  board  of  directors 
of  the  company,  of  the  .ownership  of  such  stock,  a  new  certificate 
therefor  shall  issue  to  the  owner,  and  the  old  certificate  annulled  by  Old  eertificat* 
an  order  of  the  said  board  entered  on  the  records  of  the  company.    , 

3.  This  act  shall  be  in  force  from  its  passage.  .  Comnfenceme^t 


Chap.  59. — An   ACT  making  an  Appropriation  for  the  Central  Lunatic 

Asylum. 

Passed  March  6, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub-  Amount  appro- 
lie  accounts  be  and  he  is  hereby  authorized  aud  directed  to  hjsue  his 
warrant  on  the  treasury,  payable  out  of  any  money  therein  not  other- 
wise appropriated,  for  the  sum  of  sixty-five  thousand  dollars,  for 
the  support  of  the  Central  lunawc  asylum  at  Staunton,  for  the  fiscal 
year  ending  the  thirtieth  September  eighteen  hundred  and  sixty-  » 


90  LUNATIC   ASYLUM. FENCE    LAW. 

three.  Said  amount,  or  any  par.t  thereof,  to  'he  paid  upon  the  order 
of  the  board  of  directors  of  said  institution,  and  to  be  in  addition  to. 
the  amount  received  from  the  pay  patient  fund. 

Commencement.      2."^This  act  shall  be  in  force  from  its  passage. 


-  Chap.  60. — An  ACT  amending  and  re  enacting  the  1st  and  2d  sections  of 
an  act  entitled  an  act  to  repeal  the  Fence  Law  of  Virginia  as  to  certain 
Counties,  and  to  authorize  the  County  Courts  to  dispense  with  Enclosures 
in  other  Counties,  passed  October  3d,  1862,  and  to  legalize  the  Action  of 
County  Courts  held  under  said  Law.  * 

•        Passed  February  13,  1863. 

Act  of  1862  1.   Be  it  enacted  by  the  general  assembly,  that  the  first  and  second 

a*?eD  c  sections  of  an  act  entitled  an  act  to  repeal  the  fence  law  of. Virginia 

as  to  certain  counties*  and  to  authorize  the  county  courts  to  dispense 
with  enclosures  in  other  counties,  passed  October  third,  eighteen 
hundred  and  sixty-two.  be  amended  and  re-enacted  so  as  to  read  as 
follows: 

First  section  "  §  1.    Be  it  therefore  enacted  by  the  general  assembly  of  Virginia, 

that  the  first  section  of  the  ninety-ninth  chapter  of  the  Code  of  Vir- 
ginia, so  far  as  it  applies  to  the  counties  of  Hanover,  Henrico.  York, 
Warwick,  Elizabeth  City,  Alexandria,  Fauquier,  Stafford  aud  King 
.George,  be  and  the- same  is  hereby  repealed. 

Second  section        "  §  2.   Be  it  further  enacted,  that  the  county  courts  of  the  counties 
Power  of  courts  °f Augusta,  Frederick,  Clarke,  Warren,  Culpeper,  Rappahannock, 
Norfolk,  Princess  Anne,  Mercer,  Shenandoah,  Page,  Prince-  William, 
Spotsylvania,  Hampshire,  Berkeley,   Caroline,  Rockirjgham,   Rich- 
^  mond,  Westmoreland,.  Loudoun,  Jefferson,-  Orange,  Essex,  King  & 

Queen,  Goochland,  Giles,  Bland,  Fairfax,  Greenbrier,  New  Kent, 
•  Charles  City,  James.  City,  Prince  George  aud  Nansemond  shall  have 
power,  all  the  justices  having  beeu  summoned,  and  a  majority  there- 
of being  present,  to  dispense  with  the  existing  laws  in  regard  to  en- 
closures, so  far  as  their,  respective  counties  may  be  concerned,  or 
such  parts  thereof,  to  be  described,  by  metes  and  bounds,  as  in  their 
discretion  they  may  deem  it  expedient  to  exempt  from  the  operation 
of  such  law." 

Action  of  county      2.    Be  it  further  enacted,  that  in  case  the  county  courts  of  any  of 

wonrtH  legalized      .  .  ..,,     -.  .        ,       „  .  .  .    '  . 

the  counties  specified  in  the  foregoing  section  shall  have  taken  action 
in  pursuance  of  the  provisions  of  the  act  passed  the  third  day  of  Oc- 
tober eighteen  hundred  and  sixty-two,  entitled  an  act  to  repeal  the 
fence  law  of  Virginia  as  to  certain  coucties,  and  to  authorize  the 
county  courts  to  dispense  with  enclosures  in  other  counties,  since  the 
passage  thereof,  such  action  is  hereby  legalized  and  made  valid  to 
the  same  extent  as  it  would  be,  haAsuch  counties  been  specifically 
included  in  the  second  section  of  saia  act. 

Commencement      3.   This  act  shall  be  in  force  from  its  passage. 


WAREHOUSE. — FLOUR.'  ','  91 


Chap.  61. — An  ACT  to  establish  an  Inspection  of  Tobacco  at  Keen's  Ware- 
t  house  in  the  Town  of  Danville. 

/  "  . 

. '  Passed  March  10,  1863. 

1.  Beit  enacted  by  the  general  assembly,  that  an  inspection  of Warehon aces- 
tobacco  Ife  and  the  same  is  hereby  established  at  a  warehouse  to  be 

located  on  Loyal  and  Lynn  streets  in  the  town  of*  Danville,  and 
called  "  Keen's  Warehouse,"  agreeably  to  the  provisions  of  chapter 
eighty-seven  of  the  Code  of  Virginia  (edition  of  eighteen  hundred  ■  >• 

and  sixty).  ™ 

2.  This  actf  shall  be  in.  force  from  its  passage.  Commenc-emeae 


G HAP.  62. — An  ACT  to  provide  for  an  Inspection  of  Flour  in  the  Town  of 

Danville.    ■  .  t 

Passed  March  11,  1863. 
/ 

1.  Be  it  enacted  by  the  general  assembly,  that  an  inspection  of  To  authorize  in- 
flour  be  and  the  same  is  hereby  authorized  to  be  established  in  and  3pec 

for  the  town  of  Danville,  under  such  regulations  as -shall 'be  pre-  . 
scribed  by  the  ordinances  of  said  town,  and  subject  to  the  provisions 
of  chapter  eighty-eight  of  the  Code  of  Virginia  (edition  of  eighteen 
hundred  and  sixty). 

2.  This  act  shall  be  in  force  from  its  passage.  Commcncemea', 


■ 


PRIVATE  OR  LOCAL'  ACTS. 


Chap.  63. — An  ACT  to  incorporate  tho  Farmville  Insurance  Company. 
Passed  March  3,  1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  James  ompaliy  in^or 
W.  Dunnington,  Howell  E.  Warren,  Frank.  N.  Watkins,  Clement  C.  fora 

Read,  James  L.  Hubard,  Norval  Cobb,  Stephen  0.  Southall,  Richard 
Mclhvaine,  Christopher  C.  Lockett,  Archibald  Vaughan,  and  others 
who  may  associate  under  this  act,  not  less  than  twenty,  are  hereby 
created  and  declared  to  be  a  body  politic  and  corporate,  by  the  name 
and  style  of  The  Farmville  Insurance  Company;  and  hy  that  name 
may  sue  and  be  sued,  plead  and  be  impleaded  in  all  the  courts  of  law 
and  equity  in  this  state  and  elsewhere  :  and  to  make  and  have  a  com- 
mon seal,  and  the  same  to  break,  alter  or  renew  at  their  pleasure ;  to 
ordain  and  establish  suclr  by-laws,  ordinances  and  regulations,  and 
generally  to  do  every  act  and  thing  necessary  to  cany  into  effect  this 
act/ or  to  promote  the  object  and  design  of  this  corporation:  pro- 
vided, that  such  by-laws,  ordinances,  regulations  or  acts  be  not  incon- 
sistent with  the  laws  of  this  state  or  of  the  Confederate  States. 

2.  To  make  insurance  upon  "dwellings,  hoitses,  stores,  and  all  other  insurance,  fc»w 
kind  of  buildings,  either  in  town  or  country,  and  upon  household  fur-  made 
niture,  merchandise  and  other  property,  against  loss  or  damage  by 

fire;  to  make  insurance  upon  lives;  to  cause  themselves  to  be  rein- 
sured, when  deemed  expedient,  against  any  risk  or  risks  upon  which 
they  have. made  or  may  make  insurance;  to  grant  annuities;  to  re- 
ceive endowments ;  to  contract  for  reversionary  payments';  to  gua- 
rantee the  payment  of  promissory  notes,  bills  of  exchange  or  other 
evidences  of  debt;  to  make  insurance  upon  vessels,  freights,  goods, 
wares,  merchandise,  specie,  bullion,  profits,  commissions,  bank  notes, 
bottomry  and  respondentia  interests,  and  to  make  all  and  every  in- 
surance connected  with  marine  risks  and  risks  of  transportation  and 
navigation. 

3.  To  receive  money  on  deposit  and  grant  certificates  therefor,  in  Money  reo-tved 
accordance  with  the  conditions  set  forth  in  sections  four  and  five, 
chapter  fifty-nine  of  the  Code  of  Virginia ;  but  in  no  case  are  such 
deposits  or  the  certificates  therefor  to  be  held  liable  to  make  good 
any  policy  of  insurance  issued  by  this  company. 

4.  The  funds  of  this  company,  however  derived,  may  be  invested  iavestmeats, 
iii  or  loaned  on.any  stock  or  real  or  personal  security. 


94  INSURANCE    COMPANIES. 

Capital  utock  5.    The  capital  stock  of  said  company  shall  be  not  less  than  twenty 

thousand  dollars  nor 'more  than  fotfr  hundred  thousand  dollars,  to  be 

How  payable  divided  into  shares  of  fifty  dollars  each.  The  said  capital  stock 
shall  be  payable  by  each  subscriber  at  such  time  or  times  as  it  may 
be  called  for  by  the  president  and  directors,  and  in  such  proportions 
,  as  they  may  deem  necessary :  and  if  any  subscriber  shall  fail  to  pay 
the  same  so  called  for,  upon  each  and  every  share  so  held,  within 
twenty  day's  after  the  same  has  been  so  called  for  and  demanded, 
then  the  amount  so  called  for  may  be  recovered  b}*  motion,  upon 
twent}'  days'  notice  in  writing,  in  any  court  of  record  in  the  county 
or  place  of  residence  of  the  holder  of  stock. 

Affairs  of  com-  6.  The  affairs  of  said,  company  shall  be  managed  by"  a  president 
niigeYi  "  ina  aud  board  of  directors,  nine  in  number,  five  of  whom  shall  constitute 
,  a  quorum.  Said  directors  shall  be  elected  by  ballot  from  among  the 
stockholders  of  said  company,  in  general  meeting  assembled,  by  a 
majority  of  the  votes  of  said  stockholders  present  in  person  or  by 
proxy,  according  to  a  scale  of  voting  to  be  hereafter  prescribed  ;  and 
the  directors  thus  chosen  at  their  iirst  meeting,  shall  choose  from 
amongst  themselves  or  the  stockholders  at  large,  a  president,  a.nd 
allow  him  a  reasonable  compensation  for  his  services  :  the  said  presi- 
dent and  directors  to  continue  in  office  one  year,  or  until  their  suc- 
cessors are  appointed.     la.  case  of  a  vacancy  in  the  office  of  presi- 

*  dent  or  directors  from  any  cause,  the  remaining  directors  may  elect 
others  to  supply  their  places  for  the  remainder  of  the  term  for  which 
they  were  chosen. 

i 
Officers,  how  ap-     7.    The  president  and  directors  of  said  company  shall  appoint  a 

secretary  and  such  other  clerks  and  officers  as  they- may  find  neces- 

•  sary  for* the  proper  conducting  of  the  business  of , the  company,  and 
shall  allow  them  suitable  compensation  for  their  services :  all  of 
which  officers'  shall  hold  thejr  places  .during  the  pleasure  of  the  board 
of  directors ;  and  the  said  officers  so  appointed  shall  not,  by  reason 
of  their  being  stockholders  in  said  company,  be  incapacitated  from 
giving  evidence  in  any  suit  to  which  said  company  may  be  a  party, 
unless  said  officers  have  other  pergonal  interest  in  said  suit,  or  unless 
they  shall  own  stock  to  the  amount  of  fifty  shares. 

Agents  8.   The  president  and  directors  shall  have  power  to  appoint  agents 

in  any  part  of  this  state  or  elsewhere ;  and  it  shall  be  the  duty  of 
said  president  and  directors  to  appoint  such  agents  in  any  city  or 
county  in  this  state,  when  requested  so  to  do  by  not  less  than  ten 
stockholders,  residents  of  such  city  or  county,  holding  not  less  than 
one  hundred  shares  of  stock:  such  agents  being  removable  at  the 
pleasure  of  the  president  ana  directors.' 

Sea>e  of  voting       9.   The  scale  of  voting  at  all  meetings  of  said  company  shall  be, 

«    one  vote  for  each  share  of  stock  not  exceeding  twenty  :  one  vote  for 

every  two  shares  exceeding  twenty  and  not  exceeding  two  hundred  ; 

one  vote  for  every  four  shares  exceeding  two  hundred ;  and  every 

i 


INSURANCE    COMPANIES.  .  .         '  Oo 

stockholder  not  in  debt  {p  the  company  may,  at  pleasure,  by  power 
of  attorney  or  in  person,,  assign  and  transfer  his  stock  in-  the  com- 
pany, on  the  books  of  the  s^ame,  or  any  part  thereof,  not  being  less 
than  a  whole  share  ;  but  no  stockholder  indebted  to  the  company  shall 
be  permitted  to  make  a  transfer  or  receive  a  dividencftmtil  such  debt 
is  paid  or  secured  to  the  satisfaction  .oj^the  board  of  directors. 

10.  The  president  and  directors  shall  have  power  to  declare  such  Dividends,  how- 
dividends  of  the  profits  of  the  company  as  they  may  deem  proper: 
.provided,  that  no  dividend  shall  be  declared,  when,  ia  the  opinion  of 

a  majority  of  the  board,  the  capital  stock  would  be  impaired  thereby. 
Ttey  shall  also  make  and  publish  at  the  end  of  every  year,  except 
that  in  which  the  company  goes  into  operation,  a  report  showing  the 
condition  of  the  company  in  regard  to  its  business  for  the  current 
year. 

11.  The  members  of  the  company  shall  not  be  liable  for  any  lose, 
damage  or, responsibility  other  than  the  property  they  have  in  the 
capital  of  the  company,  to  the  amount  of  the  shares  respectively 
held  by  them,  and  any  profits  arising  thereupon  and  not  divided. 

12.  The  persons  named  in  the  first  section  shall  be  commissioners,  stockholders 
whose  duty  it  shall  be,  within  six  months  after  the  passage  of  this 

act,  at  some  suitable  place  in  the  town  of  Earmville,  and  elsewhere  in 
Virginia,  to  open  books  to  receive  subscriptions  to  the  capital  stock 
of  said  corporation ;  and  five  days'  notice  shall  be  given  by  said  com- 
missioners of  the  time  and  place  of  opening  said  books,  in  the  news- 
papers published  in  the  city  of  Richmond; 'which  books  shall  not  be 
closed  in  less  than  twenty  days  from  the  time  of  opening.  The  sai'd 
commissioners  shall-  give  a  like  notice  for  a  meeting  of  the  stock- 
holders to  choose  directors  ;  and  they  shall  supervise  the  first  election 
of  said  officers,  and  shall  deliver  over  to  them,  when  so  elected,  any 
property  belonging  to  the  corporation  that  may  have  come  into  their 
hands. 

13.v  Nothing  in  this  act  shall  be  so  construed  as  to  authorize  said  Restriction 
company  to  issue  and  put  into  circulation  any  note  in  the  nature  of  a 
bank  note. 

14.    This  act  shall  be  in  force  from  its  passage;  and  subject  to  Commencement 
modification,  amendment  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


Chap.  64. — An  ACT  incorporating  the  Insurance  and  Savings  Society  of 

Petersburg.  .  ■  . 

Passed  March  10, 1863. 

1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Reuben  company  irvcr- 
Ragland,  Nathaniel  F.  Rives,  David  B.  Dugger,  Charles  H.  Cuth- porated 


9fi 


INSURANCE    COMPANIES. 


bert,  Robert  W.  Brodnax,  Thomas  A.  Pjoctor,  John  D.  Ragland, 
James  Chieves,  Edmund  H.  Osborne,  Philip  H.  Taylor,  J.  Herbert 
Claiborne,  Rbbert  Y.  Jones,  Thomas  Iy  Moore  and  Alexander  0. 
Harrison,  and  their  associates  and  successors,  who  may  hereafter  be- 
come subscribers  or  stockholders,  be  and  they  are  hereby  constituted 
and  made  a  body  politic  and  ^rporate,  under  the  name  and  style  of 
Privily. « of  the  The  City  Insurance  and  Savings  Society  of  Petersburg;  and  by  that 
name,  shall  have  perpetual  succession,  and  be  able  to  sue,  and  be 
sued,  plead  and  be  impleaded  in  all  courts  in  this  state  and  elsewhere ; 
and  to  have  a  common  seal,  and  the  same  to.  alter  and  renew  at  their 
pleasure;  and  to  make  and  ordain  such  ordinances  and  regulations, 
and  generally  to  do  all  such  acts  and  things  as  may  be  necessary  to 
carry  into  effect,  this  act,  and  promote  the  object  and  design  of  this 
•corporation. 


Capital  atock 
•How  divided 


How  capital 
stock  to  be  paid 


When  meeting 
in  be  called 


President  and 
director?,  how 
olec'-nd 


M>ui  i  lament 


Vacancies,  now 
fiilod 


Who  to  consti- 
tute a,  quorum 


2.  The  capital  stock  of  said  corporation  shall  not  b.e  less  than  two 
hundred  thousand  dollars,  to  be  divided  into  shares  of  one  hundred 
dollars  each,  with  power  to  increase  the  same  to  a  sum  not  exceeding  . 
one  million  of  dollars,  whenever  a  majority  of  the  stockholders  in 
interest  shall  in  general  meeting,  from  time  to  time,  determine  so 
to  do. 

3.  The  capital  stock  shall  be  paid  as  follows :  twenty  dollars  per 
sba,re  before  or  at  the  general  meeting  fur  the  organization  of  the 
company,  to  the  four  associates  herein  first  named,  who  are  hereby 
appointed  commissioners  (any  three  of  whom  may  act),  and  the  resi-. 

due  thereafter  as  may  be  required  by  the  president  and  directors. 

• 

4.  Whenever  *?it  shall  appear  to  the  commissioners  aforesaid  that 
two  hundred  thousand  dollars  of  the  capital  has  been  subscribed,  and 
forty  thousand  dollars  thereof  has  been  paid  to  them  in  cash,  the  said 
commissioners  shall,  by  service  of  personal  notice  or  otherwise,  call 
a  general  meeting  of  the  subscribers  or  stockholders,  at  a  certain 
time  and  place  in  said  city,  to  organize  said  corporation.  In  such 
meeting  the  subscribers  or  stockholders  shall  proceed,  under  the  in- 
spection of  the  commissioners,  to.  elect  a  president  and  three  direc- 
tors. The  commissioners  shall  forthwith,  after  said  election,  pay 
over,*  as  the  president  and  directors  may  order,  all  moneys  received 
by  them  from  the  subscribers  to  the  capital  stock  of  the  company,  and 
deliver  up  all  books  and  papers  in  their  hands  concerning  the  same. 

5.  The  affairs  of  the  corporation  shall  be  managed  by  the  presi- 
dent and  three  directors,  being  stockholders  (a  majority  of  whom 
shall  constitute  a  quorum),  who  shall  be  chosen  by  the  stockholders 
in  general  meeting,  and  continue  in  office  for  one  year,  and  until 
others  are  elected  in  their  stead ;  and  in  case  of  the  death,  resigna- 
tion or  disqualification  of  the  president  or  any  of  the  directors,  the 
remaining  members  of  the  directory  shall  elect  others  to  fill  the  va- 
cancies for  the  residue  of  the  term  for  which  they  were  chosen. 

G.   In  all  general  meetings  of  the  stockholders,  a  majority  of  :)il 


INSURANCE    COMPANIES.  .  97 

the  stobkholdera  hi  interest  being  present  in  person  or  by  proxy;  shall 
constitute  a  quorum  for  the  transaction  of  business.  Each*  stock- 
holder shall  be  entitled  to  as  many  votes  as  he  may  hold  shares  in 
said  company.  The  stockholders  in  general  meeting  shall  have  •  . 
power  to  fix  the  time  and  place  of  the  annual  meetings,  and  to  pre- 
scribe the  mode  in  which  general  meetings  of  the  stockholders  may 
be  called  by  the  directory,  and  the  manner  in  which  the  stockholders 
shall  be  notified  of  all  meetings  of  their  body.  The  stockholders  Compensation  of 
shall  determine  and  fix  the  compensation  of  the  president. 

7.  The  president  and  directors  may  appoint  and  dismiss  at  their  Secretary  and 
pleasure,  a  secretary  and  such  other  officers  as  may  be  necessary  for  how  appointed 
the  transaction  of  the  business  of  the  company,  and  allow  such  com- 
pensation for  their  services  as  they  may  deem  reasonable  ;  and  may  Bond  and  secu 
require  such  secretary  and  other  officers  to  enter  into  bonds  with  se- 
curity for  the  faithful  discharge  of  their  duties.  .   . 

8.  Every  stockholder,  not  in  debt  to  the  company,  may,  subject  to  Assignment  of 
such  regulations  and  upon  such  terms  as  the  stockholders  ffiar  pre-  SlOC 
scribe,  in  person  or  by  attorney,  assign  his  stock,  or  any  number  of 

his  shares,  on  the  books  of  the  company;  but  no  stockholder  indebted 
to  the  cojnpany  shall  assign  or  make  a  transfer  of  his  stock  or  receive 
■a  dividend,  until  such  debt  is  paid,  cv  secured  to  the  satisfaction  of 
the  board  of  directors-. 

9..  The  president  and  directors  are  authorized  to  make  insurance  Authority  to 

t        /.     .    i  ,  1         t  ,        ,     „.  .  ,  „ ,       make  insurance 

iipon  vessels,  heights,  merchandise,  specie,  bullion,  jewels,  profits,  upon  vessels,  it 
commissions,  bank  notes,  bills  of  exchange,  and  other  evidences  of 
<lebt,  bottomry  and  respondentia  interests,  and  make  all  and  every  in- 
surance connected  with  marine  risks,  and  risks  of  transportation  and 
'navigation. 

10.  To  make  insurance  on  dwellings,  houses,  stores  and  other  insurance  upon 
kinds  of  buildings,  and  upon  household  furniture  and  other  property- 

and  merchandise  against  loss  or  damage  by  fire. 

11.  To  make  insurance  en  lives;  to  grant  annuities;  to  guarantee  insurance  upon 
the  payment  of  notes,  bonds  and  bills  of  exchange;  and  to  make  all 

kinds  of  contracts  for  the  insurance  of  every  description  of  property; 
to  receive  money  en  deposit,  and  to  pay  interest  thereon,  as  may  be  To  receive  mo- 
advantageous  to  the  stockholders ;  to  provide  for  the  investment  of  myu''oucipr's' 
funds  of  the  company  in  any  way  which  may  be  deemed  most  bene- 
ficial ;  a*d  to  invest  the  same  in  any  stock  of  any  kind,  or  loans  or 
■otherwise,  as  may  be  judged  best  for  the  interest  of  the  company: 
provided  always,  that  nothing  in  this  act  shall  be  construed  to  autho-  Proviso 
•rize  said  company  to  issue  or  put  into  circulation  any  note  of  the 
nature  of  a  bank  note,  or  to  own  more  laud  than  is  necessary  for  an 
■■office  building. 

12.  All  policies  of  insurance  and  other  contracts  made  by  the  said  Effect  of  the  j«* 
^company,  signed  by  the  president  and  countersigned  by  the  secretary,  1C!es 


98  INSURANCE    COMPANIES. 

shall  bo  obligatory  on  .said  company,  and  have  the  same  effect  as  if 
the  said  policies  and  contracts  had  been  attested  by  a  corporate  seal. 

Dividends  to  be  13;  The  president  and  directors  may  declare  semi-annual  or  other 
dividends  of  the  profits  of  the  company,  as  they  may  deem  proper ; 
but  no  dividend  shall  be  declared  when  in  the  opinion  of  a  majority 
of  the  board  the  capital  stock  would  be  impaired  thereby. 

fWerai  meeting  14.  The  president  and  directors  may,  at  any  time  when  deemed 
necessary  by  them,  call  a  general  meeting  of  the  stockholders;  and 
any  number  of  stockholders  owning  not  less  than  one-fourth  of  the 
whole  number  of  shares,  may  require  the  president  and  directors  to 
call  such  meeting,  and  on  their  refusal  to  do  so,  may  themselves  call 
such  meeting,  giving  fifteen  days'  notice  thereof  in  one  or  more  of 
the  newspapers  published  in  the  city  of  Petersburg. 

Agent  to  be  ap-  15.  The  president  and  directors  may  appoint  an  agent  in  any  of 
the  cities,  towns  or  counties  of  this  state  or  elsewhere,  to  receive 
offerings  for  insurance,  and  for  the  transaction  of  such  business  of 
the  company  as  may  be  confided  to  him. 

16.  The  corporation  hereby  created  shall  be  subject  to  the  pro- 
visions of  the  Code  of  Virginia,  so  far  as  the  same  are  applicable  to 
it,  and  not  inconsistent  with  the  provisions  of  this  act;  and  this  act 
shall  be  subject  to  .alteration,  amendment  or  repeal,  at  the  pleasure 
of  the  general  assembly. 

commencement       !'•   This  act  shall  be  in  force  from  its  passage. 


Chap.  65. — An  A.CT  to  incorporate  the  Confederate  Insurance  Company.* 

Passed  February  4,  1862. 

Company  tncor-       1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  James 

ported  L    Cabell,  II.  Howard,  N.  H.  Massie,  B.  C.  Flannagan,  W.  P. 

Parish,  J.  T.  Randolph,  James  Fife,  A.  P.  Abell,  E.  J.  Timberlake, 
William  A.  Bibb,  and  others  who  may  associate  under  this  .act,  not 
less  than  twenty,  are  hereby  created  and  declared  to  be  a  body  poli- 
tic and  corporate,  by  the  name  and  style  of  The  Confederate  Insu- 
rance Company;  and  by  that  name,  may  sue  and  be  sued,  plead  and 
be  impleaded  in  all  the  courts  of  law  and  equity  in  this  state  and 
elsewhere ;  and  to  make  and  have  a  common  seal,  and  thm  same  to 

By-laws,  &c  break,  alter  or  renew  at  their  pleasure  ;,  to  ordain  and  establish  such 
by-laws,  ordinances  and  regulations ;  and  generally  to  do  every  act 
and  thing  necessary  to  carry  into  effect  this  net',  or  to  promote  the 

Proviee*  object  and  design  of  this  corporation :  provided,  that  such  by-laws, 

ordinances,  regulations  or  acts  be  not  inconsistent  with  the  laws  of 
this  state  or  of  the  Confederate  States. 

*  Tax  paiil  since  publication  of  Ac's  of  16C2, 


INSURANCE   COMPANIES.  9$ 

tS.   To  make  insurance  upon  dwellings,  houses,  stores  and  all  other  To  insure  dw«-.«- 
Skhid  of  building,  either  in  town  of  country,  and  upon  household  fur-       •' 
'jiitui'c,  merchandise  and  other  property,  against  loss  or  damage  by 
fire;  to  make  insurance  on  lives;    to -cause  themselves  to  be  rein- 
sured, when  deemed  expedient,  against  any  risk  or  risks  upon  which 
they  have  made  or  may  make  insurance  ;  to  grant  annuities  ;  to  re- 
ceive endowments  ;    to  contract  for  reversionary  payments  ;  to  gua- 
rantee the  payment  of  promissory  notes,  bills  of  exchange  or  other 
evidence  of  debt;  to  make  insurance  upon  vessels,  freights,  goods,  To  insure  vw 
wares,  merchandise,  specie,  bullion,  profits,  commissions,  bank  notes,  "   '  L' 
bottomry  and  respondentia  interests  ;  and  to  make  all  and  every  in- 
surance connected  with  marine  risks  of  transportation  and  naviga-  .  . 
tion. 

•J.   To  receive  money  on  deposit,  and  grant  certificates  therefor,  in  to  receive  mo- 
accordance  with  the  conditions  set  forth  in  sections  four  and  five,  ut>  °' 
-chapter  fifty-nine  of  the  Code  of  Virginia;  but  in  no  case  are  such 
■deposits,  or  the  -certificates  therefor,  to  be  held  liable  to  make  gcod 
any  policy  on  insurance  issued  by  this  company. 

4.    The  funds  of  this  company,  however  derived,  may  be  invested  Fumi.-<  tobem' 

*•  1  ,  T  ,  -ti  i    •  l-         vested  or  loaned 

sn  or  loaned  on  any  stock  or  real  secursty,  or  lie  used  in  purchasing 

bonds  of  thie  state  or  of  the  Confederate  States.     The  said  company  Power  to  pat. 

,     ,,    ,  ,  ,  .,  ,  -,    .     chase  and  ho.id 

shall  have  power  to  purcnase  or  otherwise  acquire,  to  have  and  to  lands 
hold,  and  likewise  to  convey  and  to  sell,  any  real  or  personal  estate, 
for  the  purpose  of  securing  an;f  debt  or  debts  that  may  be  due  to 
them,  and  to  lend  money  upon  personal  or  real  estate. 

.  5.   The  capital  of  said  company  shall  $e  not  less  than  twenty  Capital 
'thousand  dollars  nor  more  than  five  hundred  thousand  dollars,  to  be 
•divided  into  shares  of  fifty  dollars  each.     The  said  capital  stock  shall  How  capita;  ' 
be  payable  by  each  subscriber  at  such  time  -or  times  as  it  may  be    '      ?  ya- 
called  for  by  the  president  and  directors,  and  in  such  proportions  as 
they  may  deem  accessary ;  and  if  any  subscriber  shall  fail  to  pay  the 
sums  so  called  for  upon  each  and  every  share  so  held,  within  twenty 
days  after  the  same  has  been  so  called  for  and  demanded,  then  the 
•amount  so  called  for  may  be  recovered  by  motion,  upon  twenty  days' 
notice  in  writing,  in  any  court  of  record  in  the  county  or  place  of 
residence  of  the  holder  of  stock. 

6.    The  affairs  of  said  company  shall  be  managed  by  a  president  Management  of 
and  board  of  directors,  seven  in  number,  four  of  whom  shall  consti-         °mpar.y 
lute  a  quorum.     Said  directors  shall  be  elected  by  ballot  from  among  Directors,  how 
the  stockholders  of  said  company,  in  general  meeting  assembled,  by 
ti  majority  of  the.  votes  of  the  stockholders  present  in  person  or  by 
proxy,  according  to  a  scale  of  voting  to  be  hereafter  prescribed;  and  President,  how 
the  directors  thus  chosen,  at  their  first  meeting  shall  choose  from  tJ 
among  themselves,  or  the  stockholders  at  large,  a  president.     The  Term  of  office 
said  president  and  directors  to  continue  in  office  one  year,  or  until  • 

*&eir  successors  are  appointed.     In  case'  of  a  vacancy  iu  the  office  of  vacancy,  t*W 

filled 


100 


INSURANCE   COMPANIES. 


president  or  directors. 'from  any  cause,  the  remaining  directors  may 
elect  others  to  supply  their  places  for  the  remainder  of.  the  term  for 
which  thev  were  chosen. 


Secretary,  how 
appointed 


Compensation 


Power  to  ap' 
point,  agents 


,-othig 


Power 

for  Btoc 


To  rr.ike  and 
publish  report 


Liability  of 

membera 


Booka  of  sub- 
scription to  be 
opened 


7.  The  president  and  directors  of  said  company  shall  appoint  a 
secretary  and  such  other  clerks  and  officers  as  they  may  find  neces- 
sary for  the  proper  conducting  of  the  business  of  the  company,  and 
shall  allow  them  suitable  compensation  for  their  services :  all  of 
which  officers  shall  hold  their  places  during  the  pleasure  of  the  board 
of  directors ;  and  the  said  officers  so  appointed  shall  not,  by  reason 
of  their  being  stockholders  in  said  company,  be  incapacitated  from 
giving  evidence  in  any  suit  to  which  said  company  may  be  a  party, 
unless  said  officers  have  other  personal  interest  in  said  suit,  or  unless 
they  shall  ow.7)  stock  to  the  amount  of  one  hundred  shares. 

\ 

8.  The  president  and  directors  shall  have  power  to  appoint  agents 

in  any  part  of  this  state  or  elsewhere ;  and  it  shall  be  the  duty  of 
said  president  and  directors  to  appoint  such  agents  in  any  city  or 
county  in  this  state,  when  requested  so  to  do  by  not  less  than  ten 
stockholders,  residents  of  such  city  or  county,  holding  not  less  than 
one'  hundred  shares  of  stock ;  »such  agents  being  removable  at  the 
pleasure  of  the  president  and  directors. 

9.  The  scale  of  voting  at  all  the  meetings  of  said  company  shall 
be  one  vote  for  each  share  of  stock  not  exceeding  twenty;  one  vote 
for  every  two  shares  exceeding  twenty  and  not  exceeding  two  hun- 
dred;  one  vote  for  every  four  shares  exceeding  two  hundred;  and 
every  stockholder  not  in  debt  to  the  company  may  at  pleasure,  in 
person  or  by  power  Of  attorney,  assign  and  transfer  his  stock  in  the 
company,  on  the  books  of  the  same,  or  any  part  thereof,  not  being 
less  than  a  whole  share ;  but  no  stockholder  indebted  to  the  company 
as  principal  or  endorser  on  paper  due  or  to  mature,  shall  be  permit- 
ted to  make  a  transfer  or  receive  a  dividend  until  such  debt  is  paid, 
or  secured  to  the  satisfaction  of  the  board  of  directors. 

10.  The  president  and  directors  shall  have  power  to  declare  such 
dividends  of  the  profits  of  the  company  as  they  may  deem  proper: 
provided,  that  no  dividend  shall  be  declared  when,  in  the  opinion  of 
a  majority  of  the  board,  the  capital  stock  would  be  impaired  thereby. 
They  shall  also  malfe  and  publish  at  the  end  of  every  year,  except 
that  in  which  the  company  goes  into  operation,  a  report  showing  the 
condition  of  the  company  in  regard  to  its  business  for  the  current 
year. 

11.  The  members  shall  not  be  liable  for  any  loss,  damage  or  re- 
sponsibility other  than  the  property  they  have  in  the  capital  of  the 
company,  to  the  amount  of  the  shares  respectively  held  by  them,  and 
any  profits  arising  thereupon,  not  divided. 

12.  The  persons  named  in  the  first  section  shall  be  commissioners, 
whose  duty  it  shall  be,  within  six  months  after  the  passage  of  this 


INSURANCE    COMPANIES.  H'l 

act,  at  some  suitable  place  in  the  town  of  Charlottesville,  and  at  such 
other  places  as  they  may  deem  proper,  to  open  books  to  receive  sub- 
scriptions to  the  capital  stock  of  said  corporation;  and  five  days'  no-  Comm:;K«oi!«-» 
tice  shall  be  given  by  said  commissioners  of  the  time  and  place  of 
opening-  said  books,  in  the  newspapers  published  in  the  town  of  Char- 
lottesville :  which  books  shall  not  be  closed  in  less  than  twenty  days 
from  the  time  of  opening.  The  said  comnsis-sioners  shall  give  a  like 
notice  for  a  meeting  of  the  stockholders  to  choose  directors.  They 
shall  supervise  the.  first  election  of  said  officers,  and  shall  deliver 
over  to  them,  when  so  elected,  any  property  belonging  to  the  corpo- 
ration, that  may  have  come  into  their  hands. 

13.    This  aet  shall  be  in  force  from  .its  passage ;  and  the  iegislat-  Comsfi^eesaeii 
tare  of  Virginia  reserves  to  itself  the  power  of  altering,  amending  or 
repealing  any  of  the  provisions  thereof. 


Chap.  66. — Am  ACT  to  amend  the  4th  section  of  an  $et  to  incorporate  the 

Confederate  Insurance  Company,  passed  4th  February  1862.* 

Passed  March  i,  1862. 

1.  Be  it  enacted,  that  the  fourth  seetion  of  the  act  to  incorporate  Act  amended- 
The  Confederate  Insurance  Company,  passed  fourth  February  eigh- 
teen hundred  and  sixty-two,  be  and  is  hereby  amended  and  re-enacted 

&o  as  to  read  as  follows  : 

"  §  4.  The  company  shall  have  powes"  and  authority  to  invest  its  Funds,  how  ia- 
-'Capital  stock  and  other  funds  in  bank,  state  or  other  stocks ;  in  the 
purchase  of  bonds  issued  by  this  or  any  other  state,  or  of  the  Con- 
federate States,  and  of  bonds  ol  any  incorporated  company ;  to  lend 
money  upon  personal  or  real  security  ;  and  to  purchase  or  otherwise  Real  or  pcieoasa 
acquire,  to  have  and  to  hold,  and  likewise  to  convey  and  sell  any  real 
•or  personal  estate,  for  the  purpose  of  securing  any  debt  or  debts  that 
may  be  due  to  them,  and  for  their  own  use  and  convenience." 

2.  This  act  shall  be  in  force  from  its  passage,  OoauaeneenieE.4 


Chap.  67. — An  ACT  to  amend  and  re-enact  section  12  of  an  act  pas&ed  March 
29,  186!,  incorporating  the  Rockbridge  Insurance  Company. 

Passed  February  9,  18S3. 

1.    Be  it  enacted  by  the  general  assembly,  that  the  twelfth  section  Act  of  I86i 

of  an  act  passed  March  twenty-ninth,  eighteen  hundred  and  sixty-  amende'J 

one,  entitled  an  act  incorporating  the  Rockbridge  insurance  company, 

be  amended  and  re-enacted  so  as  to  read  as  follows : 
<* 

.  *  Tax  paid  siuac  publication  of  Acts  of  1S6S. 


102  *         IMPORTING    AND   EXPORTING    COMPANIES. 

Coriiaiissioners  "  §  12.  The. persons  named  in  the  first  section  of  said  act  shall  ?;-e 
commissioners,  whose  duty  it  shall  be,  within  sis  months  after  the 
passage  of  this  act,  at  some  suitable  place  in  the  town  ef  Lexington, 

Uooivi  and  at  such  other  place  as  they  may  deem  proper,  to  open  books  to- 

receive  subscriptions  to  the  capital  stock  of  said  corporation  ;  and 
five  days'  notice  shall  be  given  by  said  commissioners  of  the  time  and 
place  of  opening  said  books,  in  the  newspapers  published  in  the  town 
of  Lexington  ;  which  books  shall  not  be  closed  in  less  than  twenty 
days  from  the  time  of  opening.  The  said  commissioners  shall  give  a 
like  notice  for  a  meeting  of  the  stockholders  to  choose  directors. 

Prop.-xtj,  how  They  shall  supervise  the  first  election  of  said  officers,  and  shall  daz 
liver  over  to  them,  when  so  elected,  any  property  belonging  to  til© 
corporation  that  may  have  come  into  their  hands.'* 

©-.Kn-jcMcment       2.   This  act  shall  h*  in  force  from  its  passage. 


Chap.  OS. — An  ACT  to  iae-orp orate  the  Siclimond  Iinportij?^  and  Exporting. 

Compel)  y. 

Passed  February  21,  18C3. 

CoTr.pany  :nooi-      1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Tho- ' 
*°r"-'K!i  mas  W.  McCance,  John  D.  Harvey,   Emanuel  Miller,  T.  Edward 

Hambleton,  Jr.,  Andrew  L.  Ellett,  Alfred  Moses,  William  Barrett,. 
James  L.  Apperson,  Robert  H.  Maury,  William  Boulware,  William- 
Allen,  William  G.  Paine  and  Samuel  J.  Harrison,  together  with 
such  other  persons  and  firms  as  are  now  connected  with  them,  under 
the  name  and  style  of  the  Richmond  importing  and  exporting  com- 
pany, be  and  tho  same  are,  together  with  their  successors  and  assigns,. 
Corpora??  same  Hereby  made  and  constituted  a  body  corporate,  under  the  said  name- 
pCWera  and  style  ef  The  Richmond  Importing  and  Exporting  Company,  for 

the  purpose  of  owning,  navigating  and  freighting  ships  and  other 
vessels  engaged  in  foreign  and  domestic  commerce,  trading  from  tin; 
Capital      •        ports  of  the  Confederate  States  of  America.     The  capital  of  the  said 
company  shall  not  be  less  than  five  hundred  thousand  dollars  nor 
more  than  two  millions  of  dollars,  and  shall  be  hdC(  in  shares  of  live 
Affairs  of  com-    hundred  dollars  each.     The  affairs  of  the  company  shall  be  managed 
•u^e'';  °  V  ma     by  a  president  and  board  of  directors,  whoso  term  of  office  and  their 
number  shall  be  determined  and  elected  by  the.  stockholders ;  and 
the  said  board  of  directors  shall  possess  all  the  corporate  powers  of 
s-voviBO  the  company  ;   provided,   however,,  that  nothing  in    this-  act    shall 

change  or  affect  the  rights,  obligations.,  exemptions  and  immunities- 
of  the  said  company,  under  the  provisions  of  the  laws  of  the  Con- 
federate States  applicable  to  owners  of  vessel's:  and  provided,  thai; 
the  said  company  shall  be  subject  to  such  general  laws  as  may  affect 
»  corporations  of  this  character. 

Comraencement  2.  This  act  shall  be  in  force  from  its  passage,  and  sha-TJ  be  subject 
to  repeal,  modification  or  ameudment,  at  the  pleasure  of  the  general 
assembly. 


IMPORTING   AND    EXPORTING   COMPANIES.  10-i 


Chap.  69. — An  ACT  to  amend  and  re-enact  an  act  entitled  an  act  to  incor- 
porate the  Richmond  Importing  and  Exporting  Company,  passed  February 
21,1863. 

Passed  March  12,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  passed  Feb-  Company  ineor- 
ruary  twenty-first,  eighteen  hundred  and  sixty-three,  entitled  an  act 

to  incorporate  the  Richmond  importing-  and  exporting  company,  be 
amended  and  re-enacted  so  as  to  read  as  follows  : 

"  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Thomas 
W.  McCauce,  John  D.  Harvey,  Emanuel  Miller,  T.  Edward  Ham- 
bleton,  Jr.,  Andrew  L.  Ellett,  All  red  Moses,  William  Barrett,  James 
L.  Apperson,  Robert  H.  Maury,  William  Boulware,  William  Allen, 
William  Gr.  Paine  and  Samuel  J.  Harrison,  together  with  such  other 
persons  and  firms  as  are  now  connected  with  them,  under  the  name 
and  style  of  the  Richmond  importing  and  exporting  company,  be  and 
the  same  are,  together  with  their  successors  and  assigns,  hereby  made 
and  constituted  a  body  corporate,  under  the  said  name  and  style  of  Corporate  muw 
The  Richmond  Importing  and  Exporting  Company,  for  the  purpose  Powers 
of  owning,  navigating  and  freighting  ships  and  other  vessels  engaged 
in  foreign  and  domestic  commerce,  trading  from  the  ports  of  the  Con- 
federate States  of  America,  and  with  power  to  purchase  and  sell  and 
otherwise  to  deal  in  the  products  and  commodities  so  freighted  or 
intended  to  be  freighted." 

2.  The  capital  of  the  said  company  shall  not  be  less  than  five  Capital 
hundred  thousand  dollars  nor  more  than  two  millions  of  dollars,  and 

shall  be  held  in  shares  of,  five  hundred  dollars  each.  The  affairs  of  Affairs,  how 
the  company  shall  be  managed  by  a  president  and  board  of  directors, 
whose  term  of  office  and  their  number  shall  be  determined  and  elect- 
ed by  the  stockholders ;  and  the  said  board  of  directors  shall  possess 
all  the  corporate  powers  of  the  company :  provided,  however,  that 
nothing  in  this  act  shall  change  or  affect  the  rights,  obligations,  ex- 
emptions and  immunities  of  the  said  company,  under  the  provisions 
of  the  laws  of  the  Confederate  States  applicable  to  owners  of  vessels  : 
and  provided,  that  the  said  company  shall  be"  subject  to  such  general 
laws  as  may  affect  corporations  of  this  character. 

3.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject  Commencement 
to  repeal,  modification  or  amendment  at  the  pleasure  of  the  general 
assembly. 


104  .  TAN-YARD    COMPANIES. — BANKS. 

CHAP.  70.— An  ACT  to  incorporate  the  Prospect  Tan-yard  Company  in  the- 
• ,  County  of  Prince  Edward. 


Passed  February  2,  1863. 

Company  inter-  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Joel 
Elam,  James  Venable,  William  Jones,  S.  F.  Hunt,  R.  V.  Davis,  H. 
B.  Brightwell,  Isaac  Glenn,  T.  Osborne,  A.  R.  Tenable,  F.  B.  Wat- 
kins  and  J.  J.  Brightwell,  and  such  other  persons  as  may  be  asso- 
ciated with  them,  and  their  successors,  shall  be  and  are  hereby  incor- 
Name  of  com-  porated  and'  made  a  body  politic,  under  the  name  and  style  of  The 
Rights  and  privi-  Prospect  Tan-yard  Company;  and  by  that  name  and  style,  may 
have  a  common  seal,  and  be  invested  with  all  the  rights  and  privi- 
leges, and  made  subject  to  all  the  limitations  and  restrictions  con- 
tained in  the  Code  of  Virginia,  so  far  as  the  same  may  be  appjicable, 
and  not  inconsistent  'with  the  provisions  of  this  aet. 

Power  to  pur-  2.  The  said  company  may  purchase  and  hold  real  estate  in  the 
county  of  Prince  Edward,  not  exceeding  twenty  acres,  and  such  other 
property  as  they  may  deem  necessary  for  the  manufacture  of  leather, 
shoes  and  harness. 

Capital        •  3.   The  capital  stock  of  said  company  shall  not  exceed  ten  thou- 

sand dollars,  and  shall  be  divided  into  shares  of  fifty  dollars  each ; 
and  the  shares  shall  be  transferable  agreeably  to  the  by-laws  of  said 
company. 

Commencement      4.   This 'act  shall  be  in  force  from  its  passage. 


Chap.  71. — An  ACT  to  authorise  the  Ban?;  of  Rockingham  to  increase  its 
Contingent  Fund. 

Passed  January  20, 1363. 

contingent  fund  1.  Be  it  enacted  by  the  general  assembly. of  Virginia,  that  the 
Bank  of  Rockingham  is  authorized  to  increase*  its  contingent  fund  to 
a  sum  not  exceeding  twenty  per  centum.upon  it?  capital  stock  paid  in. 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  72. — An  ACT  to  amend  the  Charter  of  the  Bank  of  Rockingham. 
•  t 

Passed  March  11,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  sixth,  seventh, 
eighth,  ninth,  tenth  and  eleventh  sections  of  the  act  passed  on  the 
twelfth  day  of  January  eighteen  hundred  and  fifty-three,  entitled  an 
act  to  incorporate  the  Citizens  Bank  of  Virginia,  now  known  by  the 


*  BANKS.  .  105 

name  and  style  of  the  Bank  of  Rockingham,  be  and  the  same  are 
hereby  repealed. 

2.  That  the  twelfth  section  of  the  same  act  be  and  the  same  is  Charter 
hereby  amended  and  re-enacted  so  as  to  read  as  follows : 

"§  12.    The  charter  of  the  said  bank  shall  continue  and  be  in  force  When  eharter 
until  the  first  day  of  April  eighteen  hundred  and  seventy-three." 

3.  The  treasurer  of  the  state  may  retransfer  to  the  said  bank  the  Treasurer  to  re- 
certificates  of  the  debt  of  the  state  and  the  bonds  -of  internal  im-  cates  of  debt 
provement  companies  guaranteed  by  the  state,  now  held  by  him  in  y   ™ 
trust  for  the  purposes  of  said  bank,  or  any  part  thereof,  upofl  receiv- 
ing and  canceling  an  equal  amount  of  the  notes  of  said  bank  counter- 
signed by  him ;  and  if  the  notes  of  the  said  bank,  so  countersigned 

by  him,  have  been  so  far  returned  and  canceled  as  that  the  amount 
outstanding  shall  not  exceed  the  sum  of  five  thousand  dollars,  the 
said  treasurer  may  retransfer  the  residue  of  said  certificates  or  gua- 
ranteed bonds  to  said  bank,  upon  receiving  from  at  least  five  of  the  Bond  and  secu- 

n  n  -\         t         m    •  ■  •        Tily  to  be  given 

stockholders  thereof,  with  at  least  five  good  and  euthcient  securities, 
to  be  approved  by  him,  a  joint  and  several  bond,  payable  to  the  com- 
monwealth of  Vii'ginia,  in  a  penalty  equal  to  at  least  three  times  the 
amount  of  such  outstanding  notes,  and  conditioned  to  pay  the  same 
on  demand,  at  the  place  of  business  of  said  bank,  or  of  either  of  the 
obligors  therein  :  which  bond  shall  be  recorded  in  the  manner  pre- Bond  to  be  re- 
scrihed  in  the  fourth  section  of  chapter  one  hundred  and  eighty-six 
of  the  Code  of  Virginia,  and  shall  have  the  force  Of  a  judgment ;  and  For  breach  of 
for  every  breach  of  the  conditions  thereof,  execution  may  be  issued,  execution  to 
upon  ten  days'  notice  of  the  application  therefor,  in  the  name  of  the  lbSue 
commonwealth,  for  the  benefit  of  the  holder  of  any  such  outstanding 
unredeemed  notes,  for  the  amount  thereof  and  costs. 

4.  The  bank  shall  not  issue  and  payout  any  notes  for  circulation,  Denomination  of 
except  of  the  denomination  of  five  dollars,  ten  dollars,  or  some  mul- 
tiple of-  ten. 

5.  Every  quarterly  statement  of  this  bank  shall,  in  addition  to  the  What  to  be  ex- 
information  which  the  Code  of  Virginia  requires  to  be  made,  also  ex-  terly  statements 
hibit  the  aggregate  debt  due  by  the  bank,  the  outstanding  debts  due 

to  the  bank,  its  discount  of  inland  and  foreign  bills  of  exchange,  its 
loans  to  directors,  its  specie,  circulation  and  deposits  on  the  first  day 
of  each  month  of  the  quarter  it  embraces. 

6.  The  board  of  directors  shall  consist  of  not  more  than  nine  nor  Board  of  diree- 
less  than  seven,  as  the  stockholders  may  direct. 

7.  Provided,  that  nothing  in  this  act  contained  shall  debar  the  Proviso 
Bank  of  Rockingham  of  the  privileges  contained  in  an  act  passed 
March  twenty-ninth,  eighteen  hundred  and  sixty-two,  entitled  an  act 

to  provide  a  currency  of  notes  of  less  denomination  than  five  dollars. 

8.  This  act  shall  commence  and  be  in  force  from  and  after  the  Commencement 


106  BANKS. — COUNTIES. — TOWNS.  * 

time  when  the  provisions  have  been  approved  by  the.  stockholders  in 
said  bank,  convened  in  general  meeting  at  any  time  before  the  first 
day  of  April  eighteen  hundred  and  sixty^four,  and  such  approval 
shall  have  been  made  and  certified  by  the  president  and  cashier  of 
said  bank  to  the  governor  of  the  commonwealth. 


Chap.  73. — An  ACT  to  legalize  the  Records,  Proceedings  and  Acts  of  the 
County  Court  of  Spotsylvania  County,  at  the  Terms  of  said  Court  held 
during  the  year  J  8(12,  at  Places  in  the  said  County  other  than  the  Court- 
house thereof. 

Passed  February  18,  f8fi3. 

Preamble  Whereas  it  has  been  represented  to  the  general  assembly  of  Vir- 

ginia, that  for  the  period  of  several  months  during  the  year  eighteen 
hundred  and  sixty-two,  the  public  enemy  held  military  occupation  of 
a  large  portion  of  Spotsylvania  county,  including  the  courthouse; 
thereof;  and  that  by  reason  of  the  interruption  of  the  mail  between 
said  county  and  the  city  of  Richmond,  as  well  as  the  inexpediency  of 
publishing  any  notice  of  the  place  where  the  sessions  of  the  county 
court  of  said  county  might  be  held  during  such  military  occupation, 
it  was  deemed  proper  by  the  justices  of  said  county  not  to  apply  to 
the  governor  of  Virginia  to  designate  some  place  other  than  the  said 
courthouse,  where  the  sessions  of  said  court  should  be  held,  and  that 
said  justices  accordingly  proceeded  to  hold  several  terms  of  said 
court  at  places  in  said  county  other  than  said  courthouse : 

Records,  pro-  1.    Be  it  therefore  enacted  by  the  general  assembly,  that  all  the 

acts  of  court       records,  proceedings,  acts  and  things  made,  ordered  and  done  by  the 
other  than  'court  sa'^  county  court,  at  the  terms  thereof  held  during  the  said  year 
house  legalized    eighteen  hundred  and  sixty-two,  at  places  other  than  the  said  court- 
house, which  might  have  been  legally  made,  ordered  and  done  at 
said  courthouse,  are  hereby  declared  and  made  legal  and  valid  to  the 
same  extent  as  if  ordered  arid  done  at  the  said  courthouse. 

Commencement       2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  74. — An  ACT  to  enlarge  the  Powers  of  the  Council  of  the  City  of 

Richmond. 

Passed  February  13,  1863. 

Powers  of  coun-      1.    Be  it  enacted   by  the  general  assembly  of  Virginia,  that  the 
en  arge  council  of  the  city  of  Richmond  be  and  the  same  is  hereby  autho- 

rized to  suppress  riots  and  unlawful  assemblies  in  the  said  city;  to 
suppress  gaming  and  gambling  houses,  tippling  and  tippling  houses, 
and  to  prevent  or  regulate  the  sale  of  spirituous  and  fermented 


TOWNS.  .  107 

liquors  within  the  said  city,  and  around  the  same  to  the  boundaries 
to  which  the  jurisdiction  of  its  corporation  courts  or 'officers  of  police 
extends  in  criminal  cases.     And  for  the  purposes  of  executing  the  Council  may  en 

.      ■  .,    "  .,'•.,  act  ordinances 

powers  and  authority  hereby  vested  in  said  council,  the  said  c  tuncu  and  impose  fines, 
may  enact  ordinances  and  impose  penalties  for  the  violation  thereof, 
not  exceeding  five  hundred  dollars,  and  imprisonment  not  exceeding 
three  months;  may  authorize  and  empower  the  proper  officers  and 
police  of  the  city  to  seize  such  liquors  sold  or  kept  for  sale,  for  the 
use  of  the  city,  and  to  shut  up  the  houses  in  which  such  liquors  are 
so  sold  or  kept  for  sale,  and  arrest  the  persons  who  shall  sell  or-  keep  Persons  to  be 
for  sale  or  purchase  the  said  liquors  in  violation  of  said  ordinances,  iatjng,orcii- 
and  hold  them  in  custody  until  they  shall  give  security  for  their  good  uauets 
behavior  in  such  penalty,  not  exceeding  one  thousand  dollars,  as  the 
justice  before  whom  they  are  taken  shall  prescribe.     And' the  said  Powers  of  offi- 
officers  and  police  shall  have  the  same  powers  and  authority  in  dis- 
charging their  duties  under  said  ordinances,  as  state  officers  have  in 
cases  of  breaches  of  the  peace. 

2.  The  said  council  may  organize  and  establish  an  armed  police,  Arm^d  police  or 
and  appoint  such  officers  then  of  as  to  the  council  may  seem  expe- 
dient; and  the  said  officers  shall  be  accountable  to,  and  under  the 
supervision  and  control  of  the  council,  or  such  other  body  or  officer 

as  the  council  may  prescribe. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  75. — An  ACT  to  enlarge  the  powers  of  the  Council  of  the  city  of 
Lynchburg. 

Passed' March  9,  186:3. 

1.    Be  it  enacted  bj"  the  general  assembly,  that  the  council  of  the  Powers  of  coun- 

n  t  ii  i  -i!  •     i     "     i  i-i  cil  enlarged 

city  ot  Lynchburg  be  and  the  same  is  hereby  authorized  to  suppress 
riots  and  unlawful  assemblies  in  the  said  city;    to  suppress  gaming 
and  gambling  houses,  tippling  and  tippling  hoifses,  and  to  prevent  or 
regulate  the  sale- of  spirituous  and  fermented  liquors  within  the  said 
city,  and  around  the  same  to  the  boundaries  to  which  the  jurisdiction 
of  its  corporation  courts  or  officers  of  police  extends  in  criminal  cases. 
And  for  the  purposes  of  extending*  the  powers  and  authority  hereby  Council  may  en- 
vested  in  said  council,  the  said  council  may  enact  ordinances  and  and  impose  fines, 
impose  penalties  for  the  violation  thereof  not  exceeding  five  hundred  &c 
dollars,  and  imprisonment  not  exceeding  three  months ;  may  autho- 
rize and  empower  the  proper  officers  and  police  of  the  city  to  seize 
such  liquors  sold  or  kept  for  sale,  for  the  use  of  the  city,  and  to  shut 
up  the  houses  in  which  such  liquors  are  so  sold  or  kept  for  sale,  an'd  Persons  to  be 
arrest  the  persons  who -shall  sell  or  keep  for  sale  or  purchase  the  said  latingordi- 
liquors  in  violation  of   said  ordinances,  and  hold  them  in  custody  nances 
until  they  shall  give  security  for  their  good  behavior  in  such  penalty, 


103  TOWNS. — COLLEGES. 


not  exceeding  one  thousand  dollars,  as  Ihe  justice  before  whom  they 

Powers  of  offi-    are  taken  shall  prescribe.     And  the  said  officers  and  police  shall  have 

•    the  same  powers  and  authority  in  discharging  their  duties  under  said 

ordrnances,  as  state  officers  have  in  cases  of  breaches  of  the  peace. 

Armed  police  or-  2.  The  said  council  may  organize  and  establish  an  armed  police, 
and  appoint  such  officers  thereof  as  to  the  council  may  seem  expe- 
dient; and  the  said  officers  shall  be  accountable  to,  and  under  the 
supervision  and  control  of  the  council,  or  such  other  body  or  officer 
as  the  council  may  prescribe. 

Commencement      3.   This  act  shall  be  in  force  from  its  passage. 


Chap.  76. — An  ACT  to  incorporate  the  Southern  Female  College  of  the 
City  of  Petersburg. 

Passed  January  27,  1863. 

institution  in-         1.   Be  it  enacted  by  the  general  assembly,  that  Dr.  J.  H.  Clai- 
eorporatcd         ^^  Co]   r   m   Harrison)  W  T  joynes,  T.  l.  H.  Young,  Wesley 

Gregg,  J.  H.  Cooper,  George  B.  Jones,  P.  H.  Booth,  George  V. 
Scott,  W.  S.  Harrison,  Rev.  B.  R.  Duval,  "Warner  Eubank,  Edwin 
Brown,  R.  H.  Lyell  and  W.  T.  Davis,  and  their  successors,  be  and 
they  are  hereby  constituted  a  body  politic  and  corporate,  under  the 
name  and  style  of  The  Trustees  of  the  Southern  Female  College  of 
Petersburg,  Virginia ;  and  by  that  name  shall  have  perpetual  succes- 
sion and  a  common  seal,  and  may  sue  and  be  sued,  plead  and  be 
Trustees  to  hold  impleaded  in  any  court  of  law  or  equity.  The  said  trustees  of  the 
ai  prop<?rtyrSOri"  Southern  female  college  shall  be  capable  in  law  to  receive,  hold  and 
dispose  of  real  and  personal  property,  in  order  to  carry  out  the  pur- 
poses of  their  incorporation. 

Kow  managed  2.  The  said  Southern  female  college  shall  be,  under  the  control 
and  management  of  the  said  trustees  and  their  successors,  who  shall 
appoint  a  treasurer  and  all  necessary  officers  and  professors,  and 
make  such  rules  and  regulations  for  the  government  of  the  institu- 
tion as  to  them  may  seem  fit,  not  inconsistent  with  the  laws  of  Pe- 

<juorum  tersburg  or  of  this  state  or  of  the  Confederate  States.     Five  of  the 

trustees  shall  constitute  a  quorum  for  the  transaction  of  business ; 

How  vacancy  and  any  vacancy  in  the  said  board  of  trustees,  occasioned  by  death, 
resignation  or  otherwise,  shall  be  supplied  by  appointment  by  the 
t  .        surviving  trustees  ;  and  they  may  remove  any  member  of  their  body, 

two-thirds  of  the  whole  number  being  present  and  concurring. 

Treasurer  to  re-      3.    The  treasurer  shall  receive  all  moneys  accruing  to  the  college 
ceivemonejs      anj  property  delivered  to  his  care,  and  shall  pay  or  deliver  the  same 
'To  give  bond      to  the  order  of  the  board  of  trustees.     Before  entering  upon  the  dis- 
charge of  his  duties,  he  shall  give  bond  with  such  security  and  in 
such  penalty  as  the  board  may  direct,  made  payable  to  the  trustees 


COLLEGES.  ,  109 

for  the  time  being,  and  their  successors,  and  conditioned  for  the  faith- 
ful performance  of  the  duties  of  his  office,  under  such  rules  and  regu- 
lations as  the  board  may  adopt ;  and  it  shall  be  lawful  for  the  said 
trustees  to  obtain  adjudgment  for  the  amount  thereof,  or  for  any 
special  delinquency  incurred  by  said  treasurer,  on  motion  in  any 
court  of  record  in  this  commonwealth  against  the  treasurer  and  his 
or  their  executor?  or  administrators,  upon  giving  ten  days'  previous 
notice  of  the  motion. 

4.  The  said  trustees  are  hereby  authorized  to  raise  by  joint  stock  Amount  of  joint 
subscription,  a  sum  not  less  than  twenty  thousand  dollars  nor  more  tion 

than  one  hundred  thousand  dollars,  to  be  divided  into  shares  of  twen- 
ty-five dollars  each ;  and  from  time  to  time  shall  declare  such  divi-  Dividends 
dends  on  the  same  as  the  net  profits  of  the  college  shall  justify,  and  Power  to  collect 
shall  have  power  to  collect  the  subscription  to  said  stock  in  the  man-       scnp  10 
ner-  now  provided  by  law  for  collecting  subscriptions  to  joint  stock 
companies.  4 

5.  The  board  of  trustees,  in  connection  with  the  president  and  Power  to  confer 
professors  of  the  college,  shall  have  power  to  confer  such  diplomas, 

medals,  literary  titles  and  honors  as  they  may  think  best  calculated 
to  promote  the  cause  of  female  education. 

6.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject  Commencement 
to  amendment,  modification  or  repeal,  at  the  pleasure  of  the  general 

assembly. 


Chap.  77,— An  ACT  amending  and  re-enacting  the  4th  section  of  an  act 
passed  22d  January  1862,  entitled  an  act  to  authorize  the  establishment  of 
a  Military  School  as  a  part  of  the  Instruction  of  Randolph  Macon  Col- 

lflOY; 

Passed  March  11,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fourth  section  Act  amended 
of  an  act  passed  the  twenty-second  of  January  eighteen  hundred  and 
sixty-two,  entitled  an  act  to  authorize  the  establishment  of  a  military 

school  as  part  of  the  instruction  of  Randolph  Macon  College,  be 
amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  4-   They  shall  appoint  such  professors  to  give  instructions  3n  Amendment 
military  science  as  they  may  deem  proper,  and  may  remove  them  for 
good  cause,  as  already  provided  for  in  their  charter." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


no 


SCHOOL   HOUSES. — PUBLIC   POUND. 


Sale  nf  rtistriiV 
hchool  houses 
authorized 


Chap.  78. — An  ACT  authorizing  the  Sale,  by  tha  County  Court-,  of  the  DU- 
trift  School  Houses,  and  the  Lots-of  Laud  thereto  attached,  in  the  County 
of  vHenry. 

Passed  March  11,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  county  court 
of  Henry  county,  the  justices  of  said  county  having  been  first  duly 
summoned  for  that  purpose,  and  a  majority  of  the  acting  justices 
being  present,  is  hereby  authorized  and  empowered  to  order  the  sale 
of  the  district  school  houses  in  said  county,  and  the  lots  of  land*there- 
to  attached,  which  said  houses  were  built  under  the  act  of  assembly 
passed  the  twenty-fifth  of  February  eighteen  hundred  and  forty-six, 
authorizing  the  establishment  of  free  schools  in  said  county. 

Power  of  court       2.    The  said  court  shall  have  power  to  order  the  sale  of  all  or  a 
part  of  said  school  houses,  as  may  be  deemed  most  expedient ;  .and 
Proceeds  of  sale,  may  prescribe  the  terms  of  the  sale;  but  the  proceeds  thereof  shall 
ow   ispose  o    yie  uge<j  £Qr  j.jie  etiuca(;ion  0f  'the  indigent  children  of  said  county. 

Court  to  appoint      3.    For  the  purpose  of  carrying  out  the  provisions  of  this  act,  the 

commissioners  .n  .     .  .      .  ,  ■      '.. '     - 

Bond  and  secu-    sai('  court  may  appoint  one  or  more  commissioners,  and  take  from 
nty  to  be  given  tnem  a  ]Jon(j  -\yjth  approved  security,  payable  to  the  county,  in  such 

penalties  as  the  said  court  may  prescribe,  with  conditions  foV  the 

faithful  performance  of  their  duties. 

Commencement       4.    This  act  shall  be  in  force  from  its  passage. 


Court  to  estab- 
lish public 
pound 


What  animals 
to  be  confined 


Keepers  to  be 
appointed 


How  expenses 
are.  defrayed 

Fines  imposed 


Proviso 


Chap.  79, — An  ACT  authorizing  the  County  Court  of  Henrico  to  establish 
a  Public  Pound. 

Passed  March  4,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  county  court  of 
Henrico  shall  be  and  is  hereby  authorized  to  establish  one  or  more 
public  pounds  within  the  limits  of  said  county,  at  least  one  of  which 
shall  be  within.one  mile  of  the  city  of  Richmond,  for  confining  such 
stock,  horses,  mules,  cattle,  hogs  and  sheep  as  may  stray  from  their 
owners  and  be  found  trespassing  upon  the  land  of  others. 

2.  Be  it  further  enacted,  that  it  shall  be  the  duty  of  the  .county 
court  (if  they  shall  establish  such  pound)  to  appoint  keepers  or  over- 
seers of  the  same,  and  make  such  rules  and  regulations  for  the 
management  thereof  as  they  may  deem  proper. 

3.  Be  it  further  enacted,  that  in  order  to  defray  the  expenses  of 
establishing  and  keeping  the  said  pound  (mentioned  in  the  first  sec- 
tion of  this  act),  it  shall  be  lawful  for  the  county  court  aforesaid  to 
impose  such  fine  upon  the  owners  of  such  stock  as  shall  be  confined 
in  the  same,  as  they  may  deem  necessary  for  that  purpose  :  provided, 


BUILDING   ASSOCIATIONS. — HARMONIC    ASSOCIATION.  11.1 

that  such  fines  shall  not  exceed  the  sum  of  two  dollars  per  head  for 
horses  and  mules,  and  fifty  cents  per  head  for  all  other  stock. 

'  4.   When,  after  due  notice,  not  less  than  five  days,  to  he  prescribed  Stock  not  eiajm- 
by  the  county  court,  any  of  the  stock  confined  in  said  pounds  shall 
not  be  reclaimed  by  their  owners,  the  keepers  or  overseers  of  said 
pounds  shall  sell  the  same  at  public  auction,  atone  of  the  market  where  to  be  sold 
houses  of  the  city  of  Richmond,  after  two  days'  notice  stuck  up  at 
the  said  market  house,  and  after  defraying"  all  the  actual  and  neces- 
sary expenses  incurred  in  connection  with  such  stock  (under  rules 
prescribed  by  the  county  court),  said  bill  of  expenses  to  be  assessed  How  bills  of  ex- 
on  the  oath  of  the  keeper  or  overseer,  reserving  to  the  owner  the  pen  bBe 

right  of  appeal  from  the  decision  of  said  keeper  or  overseer  to  the  what  amount  to 
county  court,  shall  pay  over  the  balance  to  the  owners  of  the  same,  ersPcl1 
or  if  the  owners  do  not  appear  within  sixty  days,  into  the  county 
treasury :  provided,  that  said  balance  shall  be  paid  to  the  owner,  Proviso    , 
who  may  appear  at  any  time  within  one  year  after  such  sale,  and 

demand  the  same. 

.  * 

5.   This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  80. — An  ACT  allowing-  the  Lynchburg,  Franklin,  Citizens  and  Wash- 
ington Building'  Fund  Associations  to  purchase  their  Stock. 

Passed  March  11,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  president  and  Power  to  piir 
directors  of  the  Lynchburg  building  fund  association  of  Lynchburg, 

the  Franklin  building  fund  association  of  Lynchburg,  the  Citizens 
building  fund  association  of  Lynchbvig,  and  the  Washington  build- 
ing fund  association  of  Lynchburg,  are  hereby  authorized  to  purchase 
(at  their  discretion)  any  portion  of  the  stock  of  the  said  associations, 
when  deemed  by  them  to  be  to  the  interest  of  the  said  institutions  to 
do  so. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  81. ~ An  ACT  to  incorporate  the  Richmond  Harmonic  Association, 

Passed  March  26,  1863. 
,  ■» 

1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Charles  incorporated 
Seibert,  president,  H.  Wentzel,  vice  president,  J.  C.  Fisher,  secre- 
tary, C.  Haase,  cashier,  J.  T.  Kohler,  treasurer,  and  M.  Tresh,  libra- 
rian, and  -their  associates,  shall  be  and  the  same  are  hereby  constitu- 
ted a  body  politic  and  corporate,  under  the  name  and  style  of  The  Name 
Richmond  Harmonic  Association ;  and  by  that  nar^c  and  style,  shall 


112  HARMONIC   ASSOCIATION. — PEI VI LEGES. 

Rights,  powers,  be  subject  to  all  the  rules,  regulations  and  restrictions  imposed,  and 
invested  with  all  the  rights,  powers  and  privileges  conferred  by  chap- 
ters fifty-six  and  fifty-seven  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty),  and  all  other  laws  of  this  commonwealth 
applicable  to  such  corporations. 

property  to  he        2.   That  the  said  corporation  may  hold  property,  real  and  personal, 


tld 


to  the  value  of  forty  thousand  dollars. 


Commencement       3.   Tliis  act  shall  be  in  force  from  its  passage,  and  shall  be  subject 
to  amendment,  modification  or  repeal,  at  the  pleasure  of  the  general 

assembly. 


Chap.  82.-^An  ACT  allowing  Sarah  T.  Thornton  to  remove  certain  Slaves 
from  this  State  to  the  State  of  North  Carolina. 

Passed  January  27, 1863. 

Preamble  Whereas  it  has  been  represented  to  the  general  assembly,  that 

Sarah  T.  Thornton,  relict  of  Dr.  Eichard  Thornton  of  the  county  of 
Halifax,  is  possessed  of  a  life  estate  in  certain  slaves  received  by  her 
as  dower  from  the  estate  of  her  said  husband,  and  that  said  Sarah  T. 
Thornton  wishes  to  remove  said  slaves  to  the  county  of  Granville, 
North  Carolina : 

.County  court  to      1.    Be  it  •  enacted  by  the  general  assembly,  that  the  county  or  cir- 

mav^'of  slaves  cuit  court  of  the  county  of  Halifax  shall  have  power,  upon  the  peti- 
tion of  the  said  Sarah  T.  Thornton,  to  authorize  her  to  remove  said 
slaves  to  the  said  county  of  Granville,  in  such  manner  and  upon  such 

Proviso  terms  as  to  the  said  court  may  seem  proper :  provided,  that  before 

such  removal,  a  list  of  all  the  slaves  to  be  removed,  containing  a  de- 
scription thereof,  shall  be  filed  in  the  clerk's  office  of  the  court  autho- 

Bond and secu-    rizing  such  removal:  and  provided  further,  that  the  said  Sarah  T. 

nty  to  o  given  Thornton  shall  give  bond  and  surety  residing  in  Virginia,  for  the  de- 
livery of  said  slaves  and  their  increase,  at  her  death,  to  the  persons 

To  report  to  entitled  to  the  same,  and  also  for  making  annually  a  report  of  the  in- 
crease of  said  slaves  to  the  court  granting  said  permission. 


court  annually 


Court  may  re-         2.    Upon  the  application  of  any  party  interested,  alleging  the  in- 
to be  grmib0nd  solvency  or  insufficiency  of  the  security  in  the  said  original  or  any 
subsequent  bond,  the  court  may,  from  time  to  time,  after  personal 
notice,  or  by  publication,  require  a  new  bond,  with  ample  security, 
Penalty  for  fail-  with  condition  similar  to  that  herein  before  prescribed;   and  upon 
bond"  gVP         failure  to  give  such  bond  and  security,  the  forfeiture  hereby  intended 
to  be  saved  shall  be  restored  to  those  entitled  to  said  property. 

Commencement       3.    This  act  shall  be  in  force  from  its  passage. 


PRIVILEGES,  113 


<OHaP.  83. — An  ACT  for  the  relief  of  James  M.  Laidley  and  Thomas  S.  A. 

Matthews. . 

,      Passed  March  81, 1863. 

1 .  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub-  'Auditor  antho 
lie  accounts  be  and  he  is  hereby  authorised  to  settle  the  judgment  settlement" " 
rendered  against  James  M.  Laidley  and  Thomas  S.  A.  Matthews, 
commissioners  of  forfeited  and  delinquent  lands  for  the  county  of 
Kanawha,  by  the  circuit  court  of  Richmond  city,  by  allowing  said 

Laidley  to  pay  the  principal  due  from  them,  after  allowing  proper 

credits,  with  interest  at  the  rate  of -six  per  centum  per  annum,  from 

the  time  the  same  was  due  and  payable,  after  allowing  reasonable 

time  for  money  in  transitu  from  the  county  of  Kanawha  to  the  city         # 

of  Richmond,  and  the  costs'of  sajd  judgment;    and  upon  such  pay- Certain  damages 

ment  by  said  Laidley,  the  damages  and  the  excess  of  interest  over 

the  six  per  centum  embraced  in  said  judgment,  shall  be  deemed  to 

be  released. 

2.  Be  it  further  enacted,  that  in  the  event  said  Laidley  shall  pay  in  what  event 
the  amount  with  which  said  commissioners  are  chargeable  on  the  refund 
books  of  the  auditor  of  public  accounts,  and  he  shall,  at  any  time 

within  twelve  months  from  the  date  of  a  treaty  of  peace  between  the 
United  States  and  the  Confederate  States  of  America,  produce  to  the 
auditor  of  public  accounts  evidence  of  further  credits  and  allowances 
to  which  said  commissioners  are,  or  may  be  entitled,  then  and  in  that 
event,  said  auditor  shall  refund  to  said  Laidley  such  sum  as  he  may 
have  paid  over  and  above  the  sum  justly  due  from  said  commissioners.* 

3.  This  act  shall  be  in  force  from  its  passage.  ComiBenterseiu 


Chap.  8-k — An  ACT  authorizing  the  Personal  Representative  of  John  M. 
Aklerson,  deceased,  to  deliver  certain  Militia  Fines  to  the  ^Sheriff  of  Green- 
brier County. 

Passed  March  9,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  Militia  fineo  to 
for  the  personal  representative  of  John  M.  Alderson  deceased,  late  the  collector  ° 
sheriff  of  Greenbrier  county,  to  deliver  to  the  sheriff  of  said  county 

any  militia  fines  uncollected  by  said  Alderson. 

2.  The  sheriff  shall  give  a  receipt  therefor,  to  account  to  the  com-  Sheriff  to  gi»a 
monwealth  for  the  same,  within  the  time  fixed  by  4aw  from  the  time  re<#'^ 

of  delivery  to  him,  and  to  have  the  same  effect  as  if  the  said  fines 

had- been  delivered  on  that  day  by  the  clerk  of  the  regiment.     TJpon  Auditor  to 

receipt  of  the  sheriff  being  delivered  to  the  auditor  of  public  accounts,  with^th<famouHtf 

he  shall  charge  the  sheriff  with  the  amount  appearing  due  thereby, 

and  give  credit  for  a  like  amount  to  the  account  of  the  said  Alderson. 

3.  This  act  shall  be  in  force  from  its  passage.       *  Commenceme&» 


114  PRIVILEGES. 


Chap.  85.— An  ACT  for  the  relief  of  the  Securities  of  William  Paris,  Into 
Sheriff  of  Appomattox  County. 

Passed  January  31,  1863. 

Aptn-opntKiot  1.  Be.  it  enacted  by  the.  general  assembly,  that  the  auditor  of 
public  accounts  be  and  he  is  hereby  authorized  and  required  to  issue 
his. warrant  on  the  treasury,  payable  out  of  any  money  not  otherwise 
appropriated,  in  favor  of  John  Johns,  D.  0.  Bass,  Silas  P.  Vawter, 
S.  Legrand,  W.  W.  Hamner,  George  S.  Penn,  Samuel  J.  Walker, 
Thomas  E.  Peers  and  N.  Pamplin,  securities  of  William  Paris,  late 

Amount  sheriff  of  Appomattox  county,  or  their  legal  representatives,  for  the 

damages  (le38  the  cost3  of  collection)  on  judgments  in  favor  of  the 
•  commonwealth  against  them  as  such  securities,  rendered  by  the  cir- 
cuit court  of  the  city  of  Richmond  on  the  thirteenth  day  of  Novem- 

Froviso  ber 'eighteen  hundred  and  fifty-eight:  provided,  that  this  act  shall 

•not  be  construed  as  releasing  the  said  William  Paris,  late  sheriff  of 
Appomattox  county,  from  the  payment  of  any  damages  adjudged 
against  him. 

Coameuctsrent      2.   This  act  ohiill  be  in  force  from  its  passage. 


Chap.  86. — An  ACT  amending  an  act  entitled  an  act  for  the  relief  of  the 
•     Securities  of  William  Paris,  late  Sheriff  of  Appomattox  County,  passed 
January  31st,  18G3. 

Passed  February  20,  18G3. 

Relief  (o  sureties  1.  Be  it  enacted  by  the  general  assembly,  that  an  act  entitled  an 
act  for  the  relief  of  the  securities  of  William  Paris,  late  sheriff  of 
Appomattox  county,  passed  thirty-first  of  Jauuary  eighteen  hundred 
and  sixty-three,  be  amended  and  re-enacted  so  as  to  read  as  follows: 

Dotoagcire-  ."That  the  auditor  of  public  accounts  be  and  he  is  hereby  antho- 

»u-id«d  rized  and  required  to  issue  his  warrant  on  the  treasury,  payable  out 

of  any  money  therein  not  otherwise  appropriated,  in  favor  of  the  se- 
curities of  said  William  Paris,  late  sheriff  of  Appomattox,  or  their 
legal  representatives,  for  the  damages  (less  the  costs  of  collection) 
on  judgments  in  favor  of  the  commonwealth  against  them  as  such 
securities,  rendered  bjr  the  circuit  court  of  the  city  of  Richmond, 
Kov»  this  act  and  the  payment  in  pursuance  thereof.  But  this  act  shall  not  bo 
sireed'  °  construed  as  releasing  the  said  William  Paris  from  the  effect  of  said 

judgment  and  its  payment,  and  any  damages  which  may  have  been 
Haw  money  ra-   rendered  against  him  by  the  judgments  aforesaid .- .nor  shall 'the 
tCs'ed  °  *       money  so  paid  by  said  securities  and  refunded  by  this  act,  be  treated 
or  held  to  be  a  payment  on  said  judgment  as  to  the  said  William 
Paris." 


O^asau'uctniEot 


2.  This  act  shall  be  in  force  from  its  passage 


m  PRIVILEGES.  ,  115 

V 
Ghap.  87.— An  ACT  authorizing"  the  Governor  to  deliver  to  B.  R.  and  J.  W. 
Cooley  an  Infant  Child  of  a  Slave  named  Harriet. 

Passed  March  10, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  governor  of  Governor  to  de- 
this  commonwealth  be  and  he  is  hereby  authorized  and  directed  to  ^a J1 .w.  Gooi«j> 
deliver  to  B.  B.  and  J.  W.  Cooley,  or  their  legal  representatives,  an  ^^ 
infant  child  of  the  slave  Harriet,  who  was  condemned  to  be  hung  by 

the  county  court  of  the  county  of  Frederick,  and  who  died  in  the  jail 
at  Richmond  before  the  sentence  was  carried  into  execution. 

2.  This  act  ehall  be  in  force  from  its  passage.  Commencement 


Chap.  88.-«-An  ACT  authorizing  the  payment  of  a  sum  of  niouey  to  B.  B. 
and  J.  W.  Cooley  for  a  Slave  condemned  to  he  hung. 

Passed  February  17,  1S63. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  Amount  appro 
public  accounts  be  and  he  is  hereby  authorized  and  required  to  issue  p  ■ 

his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  B.  B.  and  J.  W.  Cooley,  or  their 
legal  representatives,  for  the  sum  of  four  hundred  dollars,  that  being  ^     ' 
the  appraised  value  of  a  slave  belonging  to  them,  named  Harriet, 
who  was  convicted  of  murder  in  the  first  degree,  at  the  May  term  in  \ 

the  year  eighteen  hundred  and  sixty-one,  of  the  Frederick  county 
court,  and  who  died  in  jail  before  the  sentence  was  carried  into 
execution. 

2.  This  act  shall  be  in  force  from  its  passage.  •commeneement 


* 

Chap.  89. — An  ACT  refunding  a  sum  of  money  to  Gordon  and  Brother, 
paid  by  them  as  a  Merchant's  License  in  the  County  of  Fluvanna, 

Passed  March  19,  1863. 

« 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  Amount  appro 
public  accounts  be  directed  to  issue  his  warrant  on  the  treasury,  pay-  pna 

able  out  of  any  money  therein  not  otherwise  appropriated,  in  favor 
<of  Gordon  and  Brother,  or  to  their  personal  representatives,  for  the 
sum  of  eighty-six  dollars  and  forty  cents,  being  the  amount  paid  for 
•a  license  as  merchants  in  the  county  of  Fluvanna. 

2,  This  act  shall  be  in  force  from  its  passage.  OammencesaeHi 


116 


PRIVILEGES. 


Preamble 


Chap.  90. — An  ACT  for  the  relief  of  Thomas, Littleton,  Jailor  of  Loudoun 

County. 

Passed  February  12,  1863. 

Whereas  no  court  can  be  held  for  the  county  of  Loudoun,  by  rea- 
son of  the  frequent  inroads  of  the  public  enemy,  and  the,  usual  certi- 
ficate of  such  court  cannot  be  obtained  by  Thomas  Littleton,  jailor 
of  said  county,  to  authorize  payment  of  his  account  against  this  com- 
monwealth for  the  keeping  of  prisoners,  and  for  other  matters : 
Therefore, 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 
auditor  of  public  accounts  be  and  he  is  hereby  authorized  to  pay  the 
account  of  said  Thomas  Littleton,  jailor  as  aforesaid,  upon  such 
proof  of  the  same  as  may  be  satisfactory  to  him. 

Commencement      2.    This  act  shall  be  in  force  from  its  passage, 


Auditor  to  pay 
account 


Preamble 


Chap.  91. — An  ACT  for  the  relief  of  George  W.  Chambers. 
Passed.March  16,  1863. 

Whereas  the  United  States  government  was  indebted  to  George 
W.  Chambers  in  the  sum  of  eight  hundred  and  forty-nine  dollars  and 
forty  cents,  for  twenty-two  thousand  six  hundred  and  fifty  pounds  of 
castings  made  by  him  for  said  government,  at  the  Harpers  Ferry 
armory  in.  Virginia,  which  said  castings  were  taken  possession  of  by 
the  state  of  Virginia :  and  whereas  the  auditing  board  has  recom- 
mended the  payment  of  said  claims  by  the  legislature,  on  the  ground 
that  the  state  had  seized  the  products  of  the  labor  of  said  George'W. 
Chambers,  for  which  he  has  received  no  compensation  :    Wherefore, 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
lic accounts  be  and  he  is  hereby  directed  to  issue  his  warrant  on  the 
treasury  in  favor  of  George  W.  Chambers,  for  the  sum  of  eight  hun- 
dred and  forty-nine  dollars  and  forty  cents,  in  payment  of  the  account 
of  said  Chambers,  for  twenty-two  thousand  six  hundred  and  fifty 
pounds  of  castings,  as  recommended  by  the  auditing  board. 

Commeneement      2.    This  act  shall  be  in  force  from  its  passage. 


Amount  appro- 
priated 


Chap.  -92.— An  ACT  for  the  relief  of  the  Clerk  of  the  Hustings  Court  of 
the  City  of  Richmond. 

Passed  January  28,  1863. 

Allowance  to  1.   Be  it  enacted  by  the  general  assembly,  that  the  judge  of  the 

Msr^  m  e  ony    jjustinga  court  of  the  city  of  Richmond  may  make  such  allowance  as 


PRIVILEGES.  117 

he  may  deem  proper  to  the  clerk  of  the  said  court  for.  his  services 
rendered  in  felony  cases,  not  to  exceed  ten  dollars  for  each  felony 
case  which  may  be  disposed  of  in  said  court ;    to  be  paid  by  the  How  paid 
council  of  the  said  city. 

2.   This  act  shall  be  in  force  from  its  passage.  ,  Commencement 


Chap.  93. — An  ACT  for  the  relief  of  the  Sergeant  of  the  City  of  Richmond 
and  the  Sergeant  of  the  City  of  Petersburg. 

Passed  January  29,  1863. 

1.  Beit  enacted  by  the  general  assembly,  that  there  be  allowed  ReHef  granted 
and  paid  to  Thomas  U.  Dudley,  sergeant  of  the  city  of  Richmond, 

and  John  H.  Patterson,  sergeant  of  the  city  of  Petersburg,  out  of 
any  moneys  in  the  treasury  not  otherwise  appropriated  by  law,  the  Amount.  app»o- 
sum  of  twenty-five  cents  per  day,  in  addition  to  the  allowance  here- 
tofore authorized  by  law,  for  each  person  confined  in  the  jails  of  the 
said  cities,  from  the  nineteenth  day  of  May  eighteen  hundred  and 
sixty-two,  to  the  twenty-third  day  of  September  eighteen  hundred 
and  sixty- two,  other  than  prisoners  charged  with  or  convicted  of 
violation  of  any  ordinance  of  the  said  cities  :  provided,  however,  that  Proviso 
the  number  of  such  prisoners,  and  the  date  and  the  length  of  their 
confinement  in  said  jails,  shall  be  certified,  sworn  to  and  passed  by 
the  auditor  of  public  accounts,  in  the  manner  prescribed  by  law  for 
the  allowance  and  payment  of  the  accounts  of  sheriffs  and  sergeants 
for  the  maintenance,  care  and  support  of  prisoners  confined  in  the 
jails  of  this  commonwealth. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  94. — An  ACT  to  amend  the  2<1  section  of  an  act  concerning  the 
Estate  of  John  Haskins,  senior,  a  Lunatic,  passed  January  24,  1839: 

Passed  February  13,  1863. 

1.   Be  it  enacted  by  the  general  assembly,  that  section  second  of  Act  of  1839 
an  act  concerning  the  estate  of  John  Haskins,  senior,  a  lunatic, 
passed  January  twenty-fourth,  eighteen  hundred  and  thirty-nine,  be 
amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  2.   That  if  the  county  court  of  the  county  of  Brunswick  should  Committee  or 
think  it  advisable,  or  to  the  interest  of  the  parties  interested,  they  sell  stock 
shall  have  power  and  authority,  upon  the  application  of  the  said 
committee,  or  his  successor,  in  the  event  of  his  death,  or  his  powers 
being  revoked,  to  authorize  the  said  committee,  or  his  successor,  to 
sail  the  whole,  or  any  part  of  said  stock  or  stocks,  acquired  by  the 


118 


PRIVILEGES. 


proceeds  of  .the  sale  of  the  estate  of  the  said  lunatic,  under  the  pro- 
visions of  the  before  recited  act,  and  any  stocks  acquired  under  the 
To  make  invest- provisions  of  this  act,  and  to  invest  in  like  manner  the  proceeds 
arising  therefrom,  together  with  the  annufil  surplus  which  may  have 
accrued,  or  which  shall  hereafter  accrue  from  the  said  estate,  either 
from  interest  or  otherwise,  over  and  above  the  comfortable  support 
and  maintenance  of  the  said  lunatic,  in  stock  of  this  Commonwealth, 
or  in  any  other  stock  authorized  by  the  laws  of  this  state,  or  in  bonds 
or  certificates  of  debt  of  the  Confederate  States,  or  in  bonds  of  in- 
corporated cities  and  towns ;  and  the  said  county  court,  as  well  as 
the  said  committee,  or  his  successor,  as  the  case  may  be,  shall  be 
guided  and  governed  by  the  provisions  of  the  before  recited  acts,  in 
all  their  proceedings  except  so  far  as  the  same  may  be  herein  altered 
or  repealed." 

efe.snaenc«m<nt    i  2.   This  act  shall  be  in  force  from  its  passage. 


Chain  95.— An  ACT  refunding  to  William  M.  Hume,  Sheriff  of  Fauquier 
County,  Damages  paid  by  him  as  such. 

Passed  March  9, 186S. 

Appropriation  V.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
lic accounts  is  hereby  authorized  and  directed  to  issue  bis  warrant  on 
the  treasury  of  the  commonwealth,  to  be  paid  out  of  any  money  in 
the  treasury  not  otherwise  appropriated,  in  favor  of  William  M» 

Amount  Hume,  for  the  sum  of  five  hundred  and  thirty-two  dollars  and  sixty- 

four  cents  (less  the  costs  of  collecting  the  same),  being  the  amount 
of  damages,  at  fifteen  per  centum,  for  default  of  the  payment  of  li- 
cense taxes  for  the  county  of  Fauquier,  due  the  thirtieth  day  of  May 
eighteen  hundred  and  sixty-one.  recovered  against  the  said  Hume, 
by  judgment  rendered  in  the  clerk's  office  of  the  circuit  court  of  the 
city  of  Richmond,  on  the  thirtieth  day  of  July  eighteen  hundred  and 
sixty-one ;  which  damages,  together  with  the  amount  of  said  licenses, 
with  lawful  interest  thereon  and  costs,  the  said  Hume  has  heretofore 
fully  paid  to  the  commonwealth ;  it  appearing  to  the  general  assem- 
bly, that  prior  to  the  twenty-fifth  day  of  May  preceding  the  day 
when  said  license  taxes  became  payable  as  aforesaid,  the  said  Hume 
had  deposited  in  the  Farmers  Bank  of  Virginia  at  Alexandria,  money 
sufficient  to  pay  the  said  license/  taxes,  which,  by  reason  of  the  pub- 
lic enemy  taking  possession  of  said  town  on  the  morning  of  the 
twenty-fifth  of  May  aforesaid,  he  has  been  unable  to  the  present  time 

to  realize. 

•  • ' 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


PRIVILEGES.  119 


Chap.  96. — Anft.CT  refunding  to  Samuel  E.  Lybrook,  Sheriff  of  the  County 
of  Giles,  a  certain  sum  of  rnoney. 

Pangea  March  19, 1863. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  Appropriation 
public  accounts  be  and  he  is  hereby  authorized  and  required  to  issue 
his  warrant  on  the  treasury,,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  Samuel  E.  Lybrook,  sheriff  of 
Giles  county,  or  his  legal  representative,  for  the  sum  of  one  hundred  Amount 
and  ten  dollars,  that  being  the  amount  for  taxes  on  ordinary  licenses 
granted  respectively  to  Warren  'A.  Guy  and  to  Stewart  Rowan,  for 
the  year  ending  May  eighteen  hundred  and  sixty,  each  of  said  licenses, 
amounting  to  fifty-five  dollars;  which  said  licenses  were  returned    , 
twice  for  the  said  year,  and  which  erroneous  assessment  was  ordered 
to  be  corrected  by  the  county  court  of  the  county  of  Giles  on  April 
fourteenth,  eighteen  hundred  and  sixty-two. 


2.   This  act  shall  be  in  force  from  its  passage.  Comtaencctr*^ 


•Chap.  97.— An  ACT  to  pay  E.  W.  Canfield  and  C.  D.  Bragg  for  cervices  as 
Instructors  of  Artillery. 

Passed  March  17,  1863. 

1.  Be  it  enaeted  by  the  general  assembly,  that  the  auditing  board  Payment  to  t« 
be  and  they  are  hereby  directed  to  allow  and  cause  to  be  paid  to  E. 

W.  Canfield,  for  three  months  and  nine  daj's'  service  as  instructor 
and  commaader  of  artillery,  under  Brigadier  General  Carson,  accord- 
ing to  the  pay  per  month  ef  a  first  lieutenant  of  artillery  in  the  con- 
federate service  ;  and  to  C.  D.  Bragg-,  for  one  month  and  seven  days' 
service,  at  the  same  rate. 

2.  This  act  shall  be  in  force  from  its  passage.  commeaocmeax 


Chap.  98.— An  ACT  establishing  an  Election  Precinct  at  Mill  Swamp  Meet- 
ing House,  in  the  County  oij^Isle  of  Wight 

*  '  Passed  March  9,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  at  any  general  or  Elections  for  go- 
special  election  for  members  of  the  general  assembly,  governor,  lieu- 
tenant governor,  attorney  general,  judges,  commissioners  of  public 

works,  for  representatives  in  congress,  and  for  electors  of  president 
and  vice  president  of  the  Confederate  States,  polls  shall  be  opened  Wacre  *o  »m 
at  Mill  Swamp,  meeting  house,  in  addition*.to  the  other  places  for 
voting  now  prescribed  by  law  in  the  county  of  Isle  of  Wight. 

2.  This  act  shall  be  in  force  from  its  passage,      -  *  Commeaewae::* 


\     • 


RESOLUTIONS. 


No.  1. — Resolution  authorizing  and  directing  the  Governor  to  transfer  the 
Prisoners,  captured  by  the  State  Line,  to  the  Confederate  Government,  ex- 
cept those  held  as. Hostages  for  Colonel  Zarvona  and  others. 

Adopted  March  28,  1863. 

Resolved  by  the  general  assembly,  that  the  governor  be  authorized  Transfer  of  pri- 

,  *  " '  ,  .         Boncr8 

and  directed  to  transfer  to  the  confederate  government  all  the  priso- 
ners held  by  the  state,  mentioned  in  his,  communication  of  the 
day  of  (to  be  exchanged  for  Confederate  States  prisoners  held 

by  the  United  States  government),  except  the  prisoners  who  are  de- 
tained as*hostages  for  the  release  of  Colonel  Zarvona,  Captain  Duskey 
and  Lieutenant  Varner ;  and  that  he  be  authorized  and  requested  to 
deliver  up  the  said  hostages  for  a  similar  purpose,  as  soon  as  he  shall 
obtain  the  assurance  of  the  confederate  authorities  that  said  hostages 
will  be  retained  in  their  present  confinement  until  arrangeihents  are 
agreed  on  for  the  exchange  of  the  prisoners  for  whose  safety  they  are 
so  held. 


No.  2. — Resolutions  expressing  the  high  appreciation  of  the  General  Assem- 
bly of  the  patriotic  fortitude  and  devotion  displayed  by  the  Women  of 
Virginia,  from  the  commencement  of  the  present  war.  . 

Adopted  March  26,  1863. 

1.  Resolved  by  the  seriate  and  house  of  delegates,  that  the  grate-  Patriotism  ap- 
ful  acknowledgments  of  the  general  assembly  are  due  and  are  hereby  # 
cordially  tendered  to  the  women  of  Virginia,  for  their  disinterested, 
generous  and  heroic  devotion  to  the  cause  of  their  country  during 

the  pending  war. 

2.  Resolved,  that  the  civilized  world  cannot  fail  to  regard  with  the  Regarded  with 
highest  admiration  the  sublime  spectacle  exhibited  by  the  women  of  tion 

a  whole  community,  elevated,  refined,  softened,  purified  by  a  high 
christian  civilization,  devoting  all  their  energies  to  the  public  service, 
and  beautifully  blending  a  holy  zeal  for  their  country  with  humble 
piety  to  God. 

3.  Resolved,  that  this  inadequate  tribute  to  their  virtues  be  entered  Resolutions  to. 

..  ii-iii  t        ■  .,~,|  ,-be  entered  om 

on  the  journals  ot  both  houses,  as  a  lasting  memorial  of  their  exalted  journals 
worth,  that  history  may  presen.t  to  posterity  so  shining  an  example, 
and  that  our  children's  children,  to  the  latest  generation,  may  be  in- 
cited thereby  to  deeds  of  heroism  and  public  virtue,     i 


122  RESOLUTIONS. 


No.  3. — Preamble  and  Resolutions  in  relation  to  the  Disorderly  Practices  at 
the.  Virginia  Military  Institute  in  connection  with  the  Case  of  Cadet  Wil- 
liam A.  Daniel. 

Adopted  March  18,  18G3. 

t 

Preamble  Whereas  it  appears,  upon  satisfactory  evidence  adduced  before  the 

general  assembly,  that  Cadet  William  A.  Daniel,  then  a  junior  cadet 
of  the  Virginia  military  institute,  was  on  the  eleventh  day  of  Novem- 
ber eighteen  hundred  and  sixty-two,  subjected  to  an  unprovoked  and 
cruel  infliction  of  personal  violence  by  cadets  of  the  institute,  and 
that  no  adequate  protection  was  afforded  him  by  the  officers  of  the 
institution  against  a  repetition  of  such  violence;  by  which  means 
said  Cadet  Daniel'  has  b*-en  driven  from  the  institute,  and  practically 
denied  the  benefits  of  its  instruction:  and  whereas  it  appears' also 
that  the  practice  of  such  wanton  violations  of  good  order  and  hu- 
manity has  been  of  long  continuance  and  without  proper  restraint, 
at  said  institute  :  Therefore,  .   • 

Unqualified  con-  1.  Resolved,  that  this  general  assembly  hereby -expresses  its  un- 
qualified condemnation  of  such  practice,  as  violative  of  good  discip- 
line, unjust  to  the  peaceable  and  orderly  cadets,  injurious  to  the 
efficient  administration  of  the  institute,  and  unworthy  the  chivalrous 
character  of  our  southern  youth. 

instruction  to  2.  That  the  officers  of  said  institution  be  and  are  hereby  instructed 
to  adopt  such  regulations -and  discipline  in  reference  to  said  practice 
of -wanton  punishment  of  junior  cadets,  as  wUl  effectually  discontinue 

Disapprobation  and  repress  it ;  and  that  it  is  the  opinion  of  the  general  assembly, 
upon  the  facts  before  them,  that  the  efforts  of  the  officers  of  said 
institute  to  suppress  the  vicious  practice  complained  of,  have  not 
been  such  as  meet  with  the  approbation  of  this  general  assembly. 

acquirement  3.    That  the  officers  of  said  institution  be  and  they  are  hereby  re- 

quired, if  Cadet  William  A.  Daniel  shall  so  desire,  to  reinstate  him 
as  a  cadet  of  said  institute,  without  prejudice  to  his  position  therein 

XTTity  of  officers  on  account  of  his  withdrawal  therefrom  in  November  last.  And  if 
the  facts  stated  by  him,  in  his  letter  to  Mr.  Robert  Dabney,  be  sub- 
stantially established,  it  is  the  further  duty  of  said  officers  to  drop 
from  the  rolls  the  name  of  every  cadet  who  participated  in  the 
outrage. 


/ 

No.  4. — Resolution  to  authorize  the  Governor  to  suspend  the  law  of  the  3rd 
October  I86i,  to  further  provide  for  the  Public  Defence,  so  far,  as  it  applies 
to  those  Counties  whose  loss  of  Slaves  has  been  so  great  as  to  interfere 
with  th^  Agricultural  Products  of  said  Counties. 


Adopted  January  27,  1863. 


Action  of  law  of     Resolved  by  the  general  assembly,  that  the  governor  be  and  be  is 
appended  ~      hereby  authorized  to  suspend  the  action  of  the  law  passed  October 


RESOLUTIONS.  123 

third,  eighteen  hundred  and  sixty-two,  to  provide  for  the  public  de- 
fence, so  far  as  it  applies  to  those  counties  whose  loss  of  slaves  by  the 
presence  of  the  public  enemy  has  been  so  great  as  to  interfere  with 
tne  agricultural  products  of  such  counties. 


No.  5. — Resolution  requesting  the  Governor  to  make  application  to  the  Se- 
cretary of  War  of  the  Confederate  States  for  Passports  for  Members  of  the 
General  Assembly,  &C. 

Adopted  January  12,  1863. 

1.  Resolved  by  the  general  assembly,  that  the  governor  be  and- he  Passports  for 

.     ,         ,  *  • '  -i         n  i,i  /•  members  of  th« 

is  hereby  authorized  and  requested  to  apply  to  the  secretary  ot  war  general  aasem 
of  the  Confederate  States  for  passports  to  be  issued  to  the  members  7 
of  the  general  assembly  of  this  state,  giving  them  the  privilege  of 
passing  at  will  on  any  of  the  rail  roads  in  the  state,  to  and  from  the 
capital,  or  other  place  of  holding  their  sessions,  during  the  term  for 
which  they  were  elected,  so  that  they  may  be  saved  the  trouble  of 
renewing  their  passports  from  time  to  time,  under  any  general  scheme 
of  passports  which  may  be  put  into  operation*"  applicable  to  other 
persons:  and  that  the  governor  make  a  like  application  for  similar  Passports  for 

•»■■„',  rr.  ,  •  state  officers 

passports  lor  all  the  state  officers  who  have  occasion  to  pass  to  or 
from  the  capital. 

2.  Resolved,  that  the  foregoing  resolution  be  certified,  forthwith,  To  be  certifie-i 

.     .  ,  t0  governor 

after  it  is  adopted,  to  Governor  Letcher.  • 


No.  6. — Resolution  in  relation  to  Duration  of  the  present  Session  of  the 
General  Assembly. 

Adopted  February  20,  1863. 

Resolved,  that  the  present  session  of  the  general  assembly  com-  Commencement 
menced  on  the  fifteenth  day  of  September  last,  under  the  proclama- 
tion of  the  governor  bearing  date  on  the  nineteenth  day  of  August 
eighteen  hundred  and  sixty-two,  and  is  not  a  continuation  of  the  ses- 
sion which  was  commenced  on  the  first  day  of  April  last,  under  the 
proclamation  of  the  governor  of  that  date,  and  continued  in  May 
following. 


No.  7.— Preamble  and  Resolutions  of  Instruction  to  the  Senators  from  Vir- 
ginia, in  relation  to  the  subject  of  Impressment. 

Adopted  March  14,  1863. 

Whereas  it  is  of  the  utmost  importance  that  a  general  impress-  Preamble 
ment  law  should  be  passed,  so  that  the  burdens  of  this  war  should  be 


124 


RESOLUTIONS. 


Instruction  to 
senators 


To  be  furnished 
to  senators 


to  some  extent  equalized  between  the  citizens  of  the  states  of  the 
Confederate  States :  and  whereas  every  day's  delay  in  passing  an  im- 
pressment law  is  acting  most  injuriously  and  unjustly  upon  many 
citizens  of  this  state,  from  the  fact  that  their  property  is  being  seizea, 
and  the  price  paid  for  the  same  is  far  below  the  market  value :  and 
whereas  the  house  of  representatives  of  the  congress  of  the  Confede- 
rate States  did,  on  the.  day  of  eighteen  hundred  and 
sixty-three,  pass  a  bill  entitled  an  act  to  authorize  and  regulate  im- 
pressment of  private  property  for  the  use  of  the  army  and  other 
military  purposes,  which  has  been  communicated  to  the  senate  of 
the  Confederate  States,  but  has  not  yet  been  finally  acted  upon  by 
that  body  :  and  whereas  the  general  assembly  approve  the  principles 
and  leading  provisions  of  the  said  bill  as  it  passed  the  house : 
Therefore, 

1.  Resolved  by  the  general  assembly,  that  our  senators  are  hereby 
instructed  to  urge  the  passage  of  the  said  bill,  or  such  bill  as  shall  as 
effectually  as  possible,  secure  to  the  owner  of  property  a  just  com- 
pensation, to  be  determined  by  an  impartial  board  of  assessors  to  be 
selected  equally  by  both  parties,  so  that  it  may  become  a  law  with  as 
little  delay  as  possible. 

2.  Resolved,  that  a  copy  of  the  foregoing  preamble  and  resolution 
be  furnished  to  each  of  our  senators. 


Justice  of  peace 
■may  appoint 
commissioners 
of  elections 


No.  8. — Resolutions  giving  authority  to  Justices  of  the  Peace,  in  a  certain 
contingency,  to  appoint  Couirnissioners  of  Elections. 

Adopted  March  30,  1863. 

Resolved  by  the  general  assembly,  that  in  such  of  the  counties  of 
this  commonwealth  as  are  in  the  occupation  of  the  public  enemy,  so 
that  the  sessions  of  the  county  courts  cannot  be  held  therein,  and 
commissioners  of  elections  cannot  be  appointed,  it  shall  be  lawful, 
should  such  counties  be  temporarily  or  otherwise  restored  to  our  con- 
trol, on  the  day  of  the  next  ensuing  elections,  and  the  county  court 
shall  not  have  time  to  act,  for  any  justice  of  the  peace  to  appoint 
commissioners  of  elections,  and  cause  such  elections  to  be  held  in 
pursuance  of  the  laws  now  in  force. 


No.  9. — Joint  Resolutions  authorizing  the  Governor  to  demand  of  the  Presi- 
dent of  the  Confederate  States  to  deliver  C.  J.  A.  Collins,  who  is  confined, 
in  prison,  in  North  Carolina,  to  a  Justice  of  the  Peace  in  Prince  George 
County,  Virginia,  to  be  tried. 

Adopted  March  5,  1863. 

Whereas,  it  is  represented  and  believed,  that  C.  J.  A.  Collins,  a 
citizen  of  Prince  George  county,  in  the  state  of  Virginia,  and  being 


RESOLUTIONS.  -     lSS 

a  civilian  in  no  way  attached  to  the  military  service,  was  arrested  hy 
military  orders,  and  was  delivered  to  the  provost  marshal  in  the  city 
of  Petersburg,  on  the  eighth  of  July  eighteen  hundred  and  sixty-two, 
who  committed  him  to  jail  in  said  city,  where  he  was  confined  until 
the  eighteenth  of  November  eighteen  hundred  and  sixty-two,  when  ■  ♦ 

and  whence  he  was  sent,  under  an  armed  escort,  to  Salisbury,  in  the 
state  of  North  Carolina:  and  whereas,  according  to  a  memorandum 
in  writing,  furnished  by  the  said  provost  marshal,  as  far  as  the  re- 
cords of  his  office  show,  the  said  Collins  is  still  restrained  of  his  li- 
berty in  that  foreign  jurisdiction  :  and  whereas  it  is  represented  that 
other  citizens  of  Virginia  are  in  the  same  category : 

1.  Eesolved,  therefore,  bv  the  general  assembly,  that  the  governor  Application  for 
be  requested  and  is  authorized  to  make  application  to  the  president  zens  imprisoned 
of  the  Confederate  States  for  the  return  to  the  jurisdiction  of  the  ou 
commonwealth  of  the  said  C.  J.  A.  Collins  and  any  other  citizens  of 

Virginia  that  may  how  be  imprisoned  beyond  the  limits  of  the  state. 

2.  Resolved,  that  the  governor  communicate  any  correspondence  Correspondence 
he  may  have  with  the  president  and  other  confederate  officials  on  this  cated 
subject. 


No.  10. — Preamble  and  Resolutions  tendering  the  Thanks  of  the  General  As 
sembly  of  Virginia  to  Major  General  John  B.  Floyd,  and  the  Officers  and 
Men  under  his  command. 

Adopted  February  23,  1863. 

The  general  assembly  of  Virginia,  satisfied  that  the  exigencies  of  Preamble 
the  times  require  that  the  whole  military  strength  of  the  Confederacy 
shall  be  united  under  one  organization,  and  having  under  this  con- 
viction of  public  duty,  transferred  by  law  the  state  line  under  the 
command  of  Major  General  John  B.  Floyd,  to  the  authorities  of  the 
Confederate  States,  and  desirous  of  expressing  to  that  eminent  pa- 
triot and  gallant  soldier  their  high  appreciation  of  his  ability  as  a 
soldier,  and  of  his  unselfish  course  as  a  patriot,  do  resolve : 

1.  That  the  thanks  of  the  general  assembly  of  Virginia  are  due  Thanks  to  Gen. 
and  are  hereby  tendered  to  Major  General  John  B.  Floyd,  for  the     °y 

zeal,  gallantry,  ability  and  untiring  devotion  which  he  has  exhibited 
in  the  command  of  the  forces  of  this  state. 

• 

2.  That  the  thanks  of  the  general  assembly  are  also  tendered  to  Thanks  to  otu- 

the  officers  and  soldiers  under  the  command  of  Major  General  Floyd,  cera 
for  the  efficiency  and  gallantry  displayed  by  them  while  in  the  ser- 
vice of  the  slate. 


126     -  RESOLUTIONS. 


No.  11. — Joint  Resolutions  directing  the  Auditor  of  Public  Accounts  to  ac- 
company his  Biennial  Report  with  the  outline  of  a  Tax  Bill. 

Adopted  March  31, 1863. 

Outline  of  tax        Resolved  by  the  genera^  assembly,  that  the  auditor  henceforth  ac- 
portod  by  audi-    company  his  biennial  report  with  the  outline  of  a  tax  bill,  showing — 


tor 


1.  The  aggregate  amount  of  revenue  proposed  to  be  raised  thereby. 

2.  The  estimated  amount  of  revenue  expected  to  be  yielded  by  every 
separate  subject  of  taxation,  and  each  different  class  of  tax  payers, 
with 'the  principle  and  reasons  on  which  the  same  is  proposed  to  be 
levied.  3.  Any  recommendation  of  new  subjects  of  taxation,  or  any 
suggestions  on  the  general  subject,  which  he  may  deem  appropriate. 


No.  12. — Resolution  concerning  the  Transportation  of  Salt  on  Rail  Roads 

and  Canals. 

Adopted  l^irch  31,  1863. 

Control  of  board     Resolved  by  the  general  assembly,  that  in  giving  the  board  of  pub- 
ovePrraii n>ada.    He  works  the  control  over  the  rail  roads  and  canals  for  the  transpor- 
c  exp  tation  of  salt  to  be  furnished  pursuant  to  the  act  passed  thirtieth 

March  eighteen  hundred  and  sixty-three,  it  is  likewise  the  design  of - 
the  general  assembly  that  they  should  exercise  like  control  over  said 
roads  and  canals  for  the  transportation  of  salt  due  or  becoming  due 
under  the  contracts  with  the  counties. 


No.  13. — Joint  Resolution  explanatory  of  a  section  of  the  act  imposing 
Taxes  for  the  Support  of  Government. 

Adoptod  March  31,  1863. 

provision  in  fa-       Resolved  by  the  general  assembly,  that  section  eighty-three  of  the 
••oiMpanieg  act  imposing  taxes  for  the  support  of  government,  w"hich  reads  as 

follows  :  "  No  license  shall  be  construed  to  grant  any  privilege  be- 
yond the  county  or  corporation  wherein  it  is  granted  unless  it  be  ex- 
pressly authorized,"  does  not  refer  to  telegraph  companies  whose  lines 
run  through  more  than  one  county  or  corporation. 


No.  14. — Resolution  ratifying  the  Contract  With  Stuart,  Buchanan  &  Co. 

Adopted  March  30,  1863. 

ttaufloatton  of        Resolved  by  the  general  assembly,  that  the  contract  entered  into 
on  the  twenty-fifth  of  March  eighteen  hundred  and  sixty-three,  be< 


^enUract  with 


.       •  RESOLUTIONS.  127' 

tween  Robert  A.  Coghill, 'chairman  of  the  committee  of  the  senate  stnan,  nucha 
of  Virginia,  and  H.  B.  Tomlin,  chairman  of  the  committee  of  .the  nan 
house  of  delegates  of  Virginia,  the  two  committees  constituting  a 
joint  committee  of  the  general  assembly,  on  the  subject  of  a  supply 
of  salt,  and  Stuart,  Buchanan  and  Company,  in  the  following  words 
and  figures :  • 

Articles  of  agreement,  made  this  twenty-fifth  day  of  March  eigh-  Contract 
teen  hundred  and  sixty-three,  between  Robert  A.  Coghill,  chairman 
of  the  committee  appointed  by  the  senate  of  Virginia,  and  Harrison 
B.  Tomlin,  chairman  of  the  committee  appointed  by  the  house  of 
delegates  of  Virginia,  the  two  committees  constituting  a  joint  com- 
mittee of  the  general  assembly  of  Virginia,  on  the  subject  of  a  sup- 
ply of  salt,  and  acting  as  such,  for  and  on  behalf  of  the  common- 
wealth, of  the  first  part,  and  Stuart,  Buchanan  and  Company,  of  the 
second  part: 

Witnesseth,  that  the  said  Stuart,  Buchanan  and  Company  do  pro- 
pose, without  the  right  to  retract  or  withdraw  the  same,  the  following 
tgrma  for  the  lease  and  sale  of  certain  real  and  personal  property  ne- 
cessary for  the  production  of  salt  for  the  people  of  this  commonwealth, 
and  the  parties  of  the  first  part  do  accept  the  same  on  behalf  of  the 
said  joint  committee — but  their  action  shall  not  be  binding  on  the 
said  commonwealth,  unless  this  agreement  shall  be  ratified  and  con- 
firmed by  the  general  assembly,  of  Virginia,  at  its  present  session: 

The  said  Stuart,  Buchanan  and  Company  agree  to  lease  to  the 
commonwealth,  for  the  term  of  one  year,  fully  to  be  completed,  com- 
mencing on  the  first  day  of  April  eighteen  hundred  and  sixty-three, 
and  ending  one  year  thereafter,  or  after  the  day  on  which  possession 
is  actually  given,  the  following  property,  viz  : 

1.  A  portion,  from  one  hundred  to  two  hundred  acres,  convenient  Description  of 
to  the  "  river  works,"  of  a  certain  tract  of  land,  known  as  the  "  Pres-  prop"ry 
ton  estate,"  for  agricultural  purposes ;  which  is  to  be  laid  off  by  the 
arbitrators  herein"  after  provided  for. 

2.  The  ten  furnaces,  counting  the  double  furnace  ag  two,  four  of  .  , 
which  are  now  leased  and  operated  by  Friend,  Clarkson,  Kelley  and 
Gardner,  and  four  known  as  the  "river  works,"  including  the  con- 
duits, fixtures,  tools  used  in  connection  with  said  furnaces,  the  dwell-  , 
ing  houses  and  stables  at  the  "  river  works,"  and  all  stables  and  out 

houses  at  the  upper  works,  under  the  control  of  Stuart,  Buchanan 
and  Company.  And  the  said  commonwealth  shall  have  the  privi- 
lege of  cutting,  quarrying  and  carrying  away  from  any  of  the  lands 
owned  by  Palmer  and  Stuart,  outside  of  the  Preston  and  King  estates, 
or  either  of  them,  stone,  wood  and  timber,  and  an  equal  right  with 
the  said  Stuart,  Buchanan  and  Company  under  their  lease,  to  cut, 
quarry  and  remove  stone,  wood  and  timber  from  the  King  estate  and 
the  Preston  estate ;  but  the  lease  of  the  four  furnaces  now  held  by 
Friend,  Clarkson,  Kelley  and  'Gardner  is  subject  to  the  contract  of 


128  KESOLUTIONS. 

lease  between  them  and  Stuart,  Buchanan  and  Company :  and  the 
state  assumes,  the  position  of  said  lessors  as  to  said  lease. 

Said  Stuart,  Buchanan  and  Company  also  bind  themselves  to  pump 
to  the  surface  and  furnish  to  the  commonwealth,  salt  water  sufficient 
to  supply  and  to  keep  in  continued  operation  the  said  ten  furnaces, 
to  their  full  boiling  capacity ;  and  this  stipulation  means  and  intends 
that  said  supply  of  brine  to  the  said  ten  furnaces  is  to  be  prior  to  any 
other  supply  to  be  furnished  to  any  other  contracting  party,  and  prior 
to  any  right  of  user  of  brine  by  said  Stuart,  Buchanan  and  Company: 
but  it  is  expressly  agreed  by  the  said  Stuart,  Buchanan  and  Com- 
pany, that  the  commonwealth  may  lease  or  transfer  to  any  other  per- 
son the  property  and  privileges  hereby  intended  to  be  leased  or  con- 
veyed, and  that  the  sublessees  or  toansferrees  shall  be  entitled  to  all 
the  rights  and  privileges  hereby  conveyed  to  the  commonwealth. 

Said  Stuart,  Buchanan  and  Company  agree  to  sell  and  deliver  to  the 
commonwealth  one-half  of  all  the  wagons,  harness,  horses,  mules, 
sacks,  provisions," forage  and  other  personal  property  owned  by  them, 
and  needful  for  the  manufacture  and  distribution  of  salt;  also  on% 
half  of  all  the  wood  now  cut  and  in  their  possession,  or  contracted 
for  and  cut,  and  intended  to  be  used  by  them  for  the  manufacture  of 
salt;  also  to  deliver  to  the  commonwealth  all  the  slaves  of  Col.  J.  N. 
Clarkson  hired  by  them,  and  one-half  of  all  other  slaves  hired  by 
them,  at  the  same  rate  of  hire  for  the  residue  of  the  year,  at  which 
they  the  said  Stuart,  Buchanan  and  Company  have  hired  them ;  and 
'  the  commonwealth  agrees  to  assume  all  their  liabilities  as  to  said 
slaves. 

It  is  further  agreed  that  said  Stuart,  Buchanan  and  Company  shall 
allow  to  said  commonwealth  good  and  convenient  ways  to  and  from 
said  furnaces,  together  with  wood  yards  and  appurtenances,  affording 
ample  space  for  conveniently  operating  said  ten  furnaces. 

Submission  to  And  the  said  parties  of  the  first  and  of  the  second  parts,  being 
ar  j  ra  ,on,  c  una])je  t()  agTee  Uj)0n  the  price  to  be  paid  by  the  commonwealth  for 
the  foregoing  lease  and  purchase  and  other" privileges,,  do  hereby  mu- 
tually agree  that  the  same  shall  be  submitted  to  the  arbitrament  and 
award  of  three  disinterested  citizens  of  the  commonwealth,  or  a  ma- 
jority of  them,  one  of  whom  shall  be  chosen  by  the  commonwealth 
or  her  authorized  agent,  and  one  by  the  said  Stuart,  Buchanan  and 
Company ;  and  the  two  so  chosen  to  select  a  third ;  and  if  any  of  the 
said  arbitrators  should  die,  fail  or  decline  to  act,  his  place  shall  be 
supplied  in  the  manner  in  which  he  was  originally  selected. 

And  the  parties  of  the  first  part  agree  that  the  sum  thus  ascertained 
by  the  said  board,  each  one  of  whom  shall  be  sworn  before  proceed- 
ing to  act,  shall  be  paid  in  confederate,  currency  to  the  said  Stuart, 
Buchanan  and  Company  whenever  the  value  is  so  ascertained  and 
possession  delivered :  and  they  the  said  Stuart,  Buchanan  and  Com- 
pany do  agree  to  receive  the  same  in  lull  discharge  of  this  contract 


RESOLUTIONS.  129 

to  the  said  Stuart,  Buchanan  and  Company  by  the  commonwealth  : 
but  the  commonwealth  reserves  the  right  to  impress  the  whole  of  the 
property  hereby  intended  to  be  conveyed,  if  the  said  Stuart,  Buchanan 
and  Company  shall  not  in  good  faith  execute  this  contract  in  all  its 
parts. 

Witness  the  following  signatures : 

R.  A.  COGHILL, 

Ctin  of  Senate  Committee . 

H.  B.  TOMLIN, 

Ch'n  of  House  Committee. 

STUART,  BUCHANAN  &  CO. 
— he  and  the  same  is  hereby  ratified  and  confirmed, 


No.  15.— -Preamble  and  Resolution  advising  the  people  of   the  Common-  ( 

wealth  in  relation  to  the  increase  and  preservation  of  certain  Agricultural 
Productions  and  Supplies. 

Adopted  March  31,  1863. 

The  general  assembhy  of  Virginia,  moved  by  a  deep  sense  of  the  Preamble 
importance,  at  this  time,  of  raising,  above  all  things,  an  abundance 
of  provisions  and  of  forage  for  the  uses  of  our  armies  and  of  the  peo- 
ple at  large  ;  confident  in  our  ample  resources  of  production,  as  well 
as  in  the  public  spirit  and  patriotic  zeal  of  our  citizens  ;  and  fearing 
no  deficiency  or  serious  inconvenience,  beyond  what  at  all  times  may 
occur  from  unfavorable  seasons,  except  such  as  might  result  from 
over  confidence  in  those  resources,  or  from  not  sufficiently  adverting 
to  the  large  space  of  our  territory  temporarily  disabled  from  furnish- 
ing its  usual  contribution  to  the  public  wants,  and  to  other  conside- 
rable portions  of  the  Confederacy  cut  off  for  the  present  from  their 
usual  sources  of  supply ;  but  still  deeming  it  their  highest  duty  to 
guard  as  far  as  possible,  against  even  the  chance  of  so  great  a  cala- 
mity as  a  scarcity  of  provisions,  do  therefore  resolve : 

That   they   earnestly  recommend  to    every  citizen   of  the  state  increase  of  ap-s 
that  he  shall  aim  to  increase,  greatly  beyond  his  usual  amount,  all  his  dnct"  fcT&c. 
agricultural  products  of  every  kind  whatsoever ;  his  grain  and  his  recommeQded 
grass  crops;   his  live  stock;  his  fruits  an  J  his  garden  vegetables; 
every  thing,  indeed,  that  goes  to  the  sustenance  of  man  and  beast, 
before  he  shall  apply  his  labor  to  any  other. object  or  employment 
whatever ;  that  he  constantly  practice  frugality  in  using  his  resources 
of  food,  and  bear  in  mind  always  to  consume  first  what  is  most  per- 
ishable, in  order  that  he  may  husband  his  whole  stock  to  the  best 
advantage  ;  and  they  enjoin  it  upon  and  make  it  the  special  charge  of 
every  justice  of  the  peace  throughout  all  the  state,  not  occupied  by 
the  enemy,  to  visit  his  neighbors   and  urge  it  upon   them   to   act 
promptly  and  effectually  on  this  recommendation,  as"  a  work  of  true 
patriotism,  a  sacred  duty  to  the  cause  of  the  independence  and  safety 
9 


130  RESOLUTIONS. 

of  the  Confederate  States,  and  as  furnishing  to  the  world  the  evidence 
of  their  firm  and  immovable  determination  to  incur  every  sacrifice, 
and  to  omit.no  effort  that  may  be  necessary  to  the  success  of  that 
holy  cause. 


No.  16. — Resolutions  authorizing  the  County  and  Corporation  Courts  to 
prepare  and  preserve  a  durable  Record  of  the  Names  and  Deeds  of  Con- 
spicuous Merit  of  all  who  have  or  shall  have  served  honorably  in  our 
armies  in  the  present  war. 

Adopted  March  19,  1863. 

Record  to  be  1.   Resolved  by  the  general  assembly,  that  the  court  of  any  county 

serving  uonora-  aud  corporation  of  this  state  shall  be  authorized  to  purchase  and  pre- 
hiymthewar  gerve  araong  its  archives  a  suitable  book,  wherein,  under  the  super- 
intendence and  direction  of  such  court,  shall  be  inscribed  the  names 
of  all  persons  belonging  to  such  county  or  corporation,  who  have,  or 
shall  have,  in  any  capacity,  served  honorably  in  the  armies  of  the 
Confederate  States  or  of  this  state,  in  the  present  war;, and  also,  in 
a  form  to  be  approved  hy,  and  on  proofs  satisfactory  to  all  the  mem- 
bers of  any  such  court,  sitting  as  such,  a  concise  record  of  any  acts 
of  conspicuous  merit  that  shall  have  been  performed  by  any  such 
person. 

plan,  &c.  to  bo  2.  That  a  plan  of  such  book,  tabulated  in  the  manner  of  the  array 
Furnished  by  rolls,  but  with  such  changes  as  may  be  deemed  advisable,  shall  be 
adjutant  general  prepare(j  by  the  adjutant  general,  subject  to  the  approval  of  the 
governor;  and  when  so  approved,  books,  prepared  in  conformity 
thereto,  shall,  as  applied  for  by  any  such  county  or  corporation  court, 
be  furnished,  at  its  expense,  to  any  such  court,  by  the  adjutant  gene- 
ral, together  with  lists,  extracted  from  the  army  rolls  in  his  posses- 
sion, of  all  persons  found  listed  therein  as  belonging  to  such  county 
or  corporation. 

/ 

No.  17. — Resolutions  authorizing  the  disbanding  of  the  State  Line,  &c. 
Adopted  March  24, 1863. 

Disbanded  1  •   Resolved  by  the  senate  and  house  of  delegates,  that  the  forces 

heretofore  known  as  the  "state  line"  and  "partizan  rangers,"  be 
and  they  are  hereby  disbanded  on  and  after  the  first  day  of  April 
eighteen  hundred  and  sixty-three. 

state  arms,  &c.  2.  Resolved,  that  the  governor  be  instructed  to  use  all  proper  dili- 
and^rTnsfen-ed  geuce  in  collecting  the  state  arms  and  other  public  property  in  their 
»overameatl,e  Possessi°n>  an^  to  proceed,  as  far  as  can  be  done  under  existing  cir- 
cumstances, to  execute  the  provisions  of  the  act  of  assembly,  by 
transferring  the  arms  and  other  public  property  to  the  confederate 
Proviso  government :  provided,  that  all  persons  belonging  thereto  may  volun- 

teer, or  if  subject  to  conscription,  may  be  conscripted  into  the  mili- 
tary service  of  the  Confederate  States  at  any  time  prior  to  said  date. 


SEPARATE  ELECTION  PRECINCTS. 


Accomack — Court-house ;  Chingoteagae ;  New  Church ;  Corbm  and  Fletcher's  ;  Mapp's  ; 
'Guilford ;.Newstown;  Onancock;  Pungoteague. 

Albemarh — Court-house ;  Lindsay's  Turnout ;  Everettsville ;  Stony  Point ;  Earleysvilie , 
Blackwell's;  Free  Union;  Whitehall;  Woodville;  Batesville;  Hillsborough;  Crossroads; 
Covesville;  Porter's ;  Warren ;  Wingfleld's  ;  Milton;  Scottsville;  Monticello  House ;  How- 
ardsville. 

Alexandria — Five  districts—Identical  with  magisterial  districts, 

Alleghany — Court-house;  Robert  Skeen's  Hotel;  John  O.Taylor's;  George  StulPs ;  Clif- 
ton Forge ;  Jabez  Johnston's ;  Griffith's  Mill ;  Fork  Run, 

Amelia — At  the  same  place  as  magisterial  elections. 

Amherst — New  Glasgow ;  New  Hope;  Oronoco;  Chestnut  Grove ;  Folly;  Temperaac* ; 
Pedlar  Mills  ;  Elon ;  Court-house ;  Buffalo  Springs. 

Appomattox — Court-house ;  Union  Academy ;  Wesley  Chapel ;  Hamner's ;  Spout  Spring ; 
Oakville. 

Augusta — Court-house;  Waynesborough;  Middlebrook;  Spring  Hill;  Mt.  Meridian; 
Greenesville ;  District  No.  2,  Staunton ;  Mt.  Sidney ;  Stuart's  Draft ;  Fishersville ;  Church- 
ville;  New  Hope;  Craigsville;    Deerfield;   Mt.  Solon;    Swoop's  Mill;  Midway;  Newport. 

BaaLour — Court-house ;  Burner's ;  Nutter's ;  Bartlett's ;  Mitchell's ;  Yeager's ;  Gl&cty 
Creek ;  Holtsberry's ;  Coal  Precinct. 

Bath — Court-house ;  Cedar  Creek ;  Hamilton's ;  Cleek's  Mill ;  Williamsville  ;  Milton  ; 
Green  Valley. 

Berkeley — Court-house ;  Billingre's  Hotel ;  Mill  Creek  ;  Hedgesville ;  Falling  Waters ; 
Robinson's  Mill ;  Gerrardstown ;  Oak  Grove;   Glen  Spring;  Crossroads. 

Boone — Court-house ;  Adkins'  on  Mud  river ;  Adkins'  on  Big  Coal ;  Lawrence's ;  Curtiss' ; 
Daniel  Laurel's ;  Thompson's  Mill ;  Miller's. 

Botetourt— Court-house  ;  Mountain  Union ;  Carver's;  Buchanan;  Rocky  Point  Mills-; 
•Jackson ;  Junction  Store ;  Dibrell's  Spring ;  Amsterdam. 

Braxton — Court-house ;  Triplett's ;  Rilney's ;  Cool's ;  John  Crite's  former  Residence. ; 
Christian  Moda's  former  Residence  ;  Haymond's  Mill ;  Cunningham's ;  Saulsberry ;  Ste&e- 
street ;  Jacob  P.  Conrad's. 

Brooke — At  same  place  as  magisterial  elections ;  Goodwill  School-house. 

Brunswick — Court-house;  Benton  Precinct ;  Trotty's  Store ;  Oak  Grove;  Lucy's  Store ; 
Smoky  Ordinary ;  Nicholson's  Precinct. 

Buckingham — Court-house ;  Stanton's  Shop ;  New  Store ;  Wright's ;  Curdsville ;  Alien's. 


132  SEPARATE   ELECTION  PRECINCTS. 

Cabell — Court-house;  Guyandotte;  Laidley's  Store;  Spurlock's;  Doolittle's  Mill ;  Bar- 
rett's Precinct ;  McComas';  Falls  of  Guyandotte ;  Killgore's  Precinct;  Peter  Burlington's. 

Campbell — Places  the  same  as  for  magisterial  elections. 

Caroline — Court-house ;  Reedy  Church ;  Oakley's ;  Needwood ;  Sparta ;  Pitts' ;  Port 
Royal;  Sycamore;  Golansville;  Madison's. 

Carroll — Court-house ;  Polly  Quescnberry's ;  Thomas  Quesenherry's ;  Laurel  Fork ;  Kin- 
ney's ;  Easter's ;  Newman's ;  Sulphur  Springs  ;  Richard  Haynes7 ;  Nathaniel  Haynes'. 

Charles  City — Court  house ;  Delarue's ;  Ladd's ;  Waddell's  ;  Apperson's ;  Vaiden's. 

Charlotte — Court-house ;  Keysville  ;  Smith's  Tavern  ;  Clement's  ;  Wyliesburg ;  Roby's 
Shop;  Hawrey's  Store;  Matthews  &  Smith's  Store. 

Chesterfield — Court-hoxxsi ;  Britton's  Shop;  Shell's  Tavern;  Manchester;  Robinson's 
Store;  Clover  Hill. 

Clarke — Court-house ;  Russell's  Tavern ;  White  Post ;  Millwood ;  Royston's  Tavern ; 
Collier's  Toll-gate. 

Craig — Court-house ;  Carper's  Tavern  ;  Walker's  Store  ;  Scott's  Tavern ;  Martin  Huff- 
man's ;  George  Sarvers. 

Culpeper — Court-house ;  Rixyville ;  Colvin's ;  Stevensburg ;  Pottsville  ;  Gathright's  ; 
Wellsborough ;  Griffinsburg. 

Cumberland — Court-house;  Tavern  Precinct;  Oak  Forest;  Irwin's. 

Oinwiddie — Court-house ;  Billups' ;  Goodwynsville ;  Williams'  Shop ;  Darvill's ;  Wil- 
liams'; Sutherland's. 

Doddridge — Court-house;  Allen's;  Bond's;  Key's;  Davis'. 

Elizabeth  City — Court-house ;  Liveley's  Ordinary ;  Fox  Hill. 

Essex — Court-house  ;  Occupacion ;  Lloyd's  ;  Miller's ;  Bestland ;  Centre  Cross. 

Fairfax — Court-house;  Crossroads;  Arundel's;  Sangster;  Ross';  Dranesville ;  '4A.nan- 
dale ;  West  End ;  Accotink ;  Ceutreville ;  Falls  Church ;  Fars  ;  Bayless  ;  Pulman's. 

Fauquier — Court-house ;  Plains  ;  Salem  ;  White  Ridge  ;  Farrowsville ;  Orleans ;  Liberty  ; 
Morrisvillo;  Paris;  New  Baltimore ;   Rectortown;  Weaversville ;  Uppervillo. 

Fayette — Court-house ;  Blake's  ;  Gauley  Bridge ;  Fleshman's ;  Lewis' ;  Keeney's ;  Ter- 
m's ;  Coleman's. 

Fluvanna — Court-house;  Howard's  Store ;  Columbia;  Moms' Store ;  Kent's  Store;  Ha- 
den's  Store;  Bashau  and  Snead's ;  Bledsoe's;  Union  Grove. 

Franklin — Court-house;  Allen's;  Union  Hall;  Booth's  Store;  McVey's  Tanyard; 
Helm's ;  Dickerson's ;  Kinsey's  ;  Richland  Grove ;  Bush's  Store ;  Sydnorsville ;  Snow 
Creek ;  Aldridge's  Store. 

Frederick — Court-house  ;  Engine-house ;  Gwinn's  Tavern ;  Hoover's  Tavern  ;  Newtown ;. 
Middletown ;  Russell's ;  Anderson's ;  Brucetown ;  Swhier's ;  Cole's  School-house ;  Pugh- 
town. 

Giles — At  the  same  places  as  magisterial  elections ;  Howe's  Hotel. 

Gilmer — Court-house;  Jerkland;  Burke's;  Widow  Stump's ;  DeKalb's;  Peregrine  Hays' ;  ' 

Hsott's;  Hewett's;  Troy. 


SEPARATE   ELECTION   PKECINCTS.  133 

Goochland — Court-house ;  Little  Store ;  Perkinsville ;  Smith's  Shop ;  Mills' ;  Holland's ; 
Poor's;  Jennings'. 

Gloucester — Places  the  same  as  for  magisterial  elections. 

Greenbrier — Court  house ;  Blue  Sulphur  Springs ;  Lick  Creek ;  Anthony's  Creek ;  Spring 
Creek;  Southside;  Lewisburg;  White  Sulphur;  Miller's;  Irish  Corner;  Williamsburg; 
Frankfort. 

Greene — Court-house ;  Kuckersville ;  Terrill  Shiflett's  ;  McMullansvilie. 

Greenesville — Court-house ;  Ryland's  Depot ;  Blunt's  Mill ;  Poplar  Mount. 

Halifax — Court-house ;  Meadesv  ille ;  Mount  Carmel ;  Halifax  Springs ;  High  Hill ;  Hud- 
eon's  ;  Garrett's  Store ;  Whiteville ;  Republican  Grove ;  Brooklyn. 

Hampshire — Court-house;  John  Liller's;  Miers';  Burlington ;  Taylor's ;  Doyles'; 
Thompson's;  Lupton's;  Kisner's;  Lovett's ;  Mrs.  Offutt's;  Stump's;  Fority;  Sherrard'e 
School-house ;  Hash's ;  Blair's ;  Arnold's ;  Piedmont. 

Hancock — Court-house ;  Holliday's  Cove ;  New  Manchester ;  Aton's  ,School-house. 

Hanover — Court-house ;  Hughes' ;  Jones'  Crossroads ;  Negrofoot ;  Dentonsville ;  Cold 
Harbor;   Ashland. 

Harrison — Court-house;  Shinnston;  Union  Meeting-house;  West  Milford;  Lunibes- 
port ;  Bridgeport ;  Davis' ;  Lynch's  ;  Sardis ;  Swisher's  Mills. 

Henrico — Court-house;  Kidd's;  Sweeney's;  Alley's;  Lovingsteine's ;  Dickman's ; 
Hughes';  Walkerton;  Hungary. 

Henry — Court-house ;  Rough  and  Ready  ;  Irisburg ;  Oak  Level ;  Leatherwood ;  Ridg- 
way ;  Horse  Pasture. 

Highland — Monterey;  Ruckmansville ;  Wiley's;  Crab  Bottom;  Doe  Hill;  McDowell; 
Pullins'  School  house ;  Gwiu's. 

Jackson — Ripley;  Click's;  Jones';  Range's;  California;  Depue's ;  Three  forks  of 
Reedy;  Trumansville ;  Ravenswood;  Squire  Slaven's;  Murrayville;  Moor's  Mill;  Mo~ 
Grew's  Mill. 

James  City — Court-house ;  Burnt  Ordinary ;  York  River. 

Jefferson — Eight  districts — Places  the  same  as  for  magisterial  elections. 

Kanawha — Court-house;  Fleetwood's;  Richards';  Bradley  Low's;  Atkinson's  Mill; 
Altzs' ;  Couts'  Mouth ;  Dog  Creek ;  Givens' ;  Maiden ;  Fork  Coal ;  Harper's ;  Gatewood's ; 
Mouth  Sandy ;  Brooks'  Store. 

King  George — Court-house ;  Hampstead ;  Clifton ;  Shiloh. 

King  Sf  Queen — Court-house ;  Clark's  Store ;  Stevensville ;  Newtown ;  Centreville. 

King  William — Court-house ;  Plain  Dealing ;  Aylett's ;  Lanesville. 

Lancaster — Court-house ;  Litwalton ;  Kilrnanock ;  White  Stone. 

Lewis— Court-house ;  McLaughlin's  Store ;  Jane  Lew ;  Freeman's  Creek ;  Skin  Creek ; 
Hall's  Store ;  Leading  Creek ;  Collins'  Settlement. 

Logan — Same  places  as  for  magisterial  elections. 

Loudoun — Courthouse;"  Watcrford ;  Lovetsville;  Hillsborough;  Waters';  Purceli's 
Store;  Snickersville ;  Union;  Middleburg;  Mt.  Gilead;  Gum  Spring;  Whaley's;  Goresvills. 


134  SEPARATE   ELECTION   PRECINCTS. 

t 

Louisa — Court-house;  Free  Union;  Hopkins' Mill;  Trevilian's;  Bell's  Crossroads ;  Wal- 
ton's Tavern;  Terrell's  Store ;  Parrish's  Store ;  Frederickshall ;  Bumpass' Turnout ;  Thomp- 
son's Crossroads ;  Isbell's  Store ;  Hope's  Tavern ;  Gentry's  Store  ;  Cosby's  Tavern. 

Lunenburg — Court-house ;  Brown's  Store ;  Pleasant  Grove ;  Knight  and  Oliver's  Mill ;  _ 
Locklomond  ;  Bagley's  Store ;  Jordan's  Store. 

Madison — Court-house  ;  Stony  Hill ;  Criglersville ;  Huffman's  Mill ;  Graves'  Mill ;  Ra- 
p idan  Meeting  house  ;  Fleshman's  Shop ;  Locust  Dale. 

Marion — Places  the  same  as  those  for  magisterial  elections,  and  at  Glover's  Gap. 

Marshall — Court-house ;  Pleasant  Hill ;  Jones'  Hotel ;  Bleak's  School-house ;  Parsons' 
Precinct;  Mouth  of  Fish  Creek ;  Sand  Hill;  Crossroads;  Smart's  School-house ;  Burley's; 
TerrilPs  School-house  ;  Big  Eun ;  Fair  View ;  Linn  Camp. 

Mason — Court-house;  Berriage  Precinct;  Love  Precinct;  Barnett  Precinct;  West  Co- 
lumbia; Neaso  Precinct ;  Eighteen  Mile  Precinct;  Grigg's;  Sixteen  Mile  Precinct;  Thir- 
teen Mile  Precinct. 

Matthews — Same  places  as  for  magisterial  elections. 

Mecklenburg — Court-house ;  Jones' ;  Edmundson's ;  Clarkesville ;  Reeke's ;  Overby's  , 
Wright's;  Harwell's;  Christiansville ;  Gillespie's. 

Middlesex — Jamaica;  Saludo;  Sandy  Bottom. 

Monongalia — Court-house  ;  Guseman's ;  Jones' ;  Osburn's";  Eoss' ;  Lofter's ;  Cassville ; 
Cristiman's;  Laurel  Point;  Cox's;  Moore's  Eiver ;  Tenant's;  Dowall's;  Warren. 

Monroe — Court-house;  Dickson's;  Miller's  Store;  Eollinsburg;  Mrs.  Peck's;  Eed  Sul- 
phur ;  Haynes' ;  Centreville. 

Montgomery — Court-house:  Guerrant's;  Peterman's  ;  Price's  Forks;  Keister's;  Crura  - 
packer's;  Lafayette;  Kent  and  McConkey's ;  Eough  and  Eeady;  Lovely  Mount. 

Morgan — Court-house ;  Lowe's ;  Baker's ;  Unger's  ;  Hume's ;  Swann's ;  Miller's. 

Nansemond — Court-house:  Hargrove's  Tavern;  Harrison's  Shop;  Holyneck;  Ckucka- 
tnck ;  Somerton ;  Darden's  Store ;  Cypress  Chapel. 

Nelson — Fortune's ;  New  Market ;  Faber's  Mill ;  Greenfield ;  Massie's  Mill ;  Eoberts*. 

Netc  Kent — Court-house;  Barhamsville ;  Chandler's  Store ;  Eatcliff's  Tavern. 

Nicholas — Court-house ;  Taylor's ;  Brown's ;  Neil's ;  Dunbar's ;  Nutter's ;  Sawyer's ; 
IPierson's. 

Norfolk  City— Four  Wards. 

Norfolk  County — Court-house;  Glebe  School-house;  Sycamore's;  Deep  Creek;  School- 
Ihouse,  District  No.  2 ;  School-house  in  Providence ;  Pleasant  Grove  School-house ;  Butts' 
IRoad  School-house. 

Northampton — Court-house  ;  Bay  View ;  Franktown ;  Johnsontown  ;  Capeville. 

Northumberland — Court-house ;  Lottsburg ;  Burgess'  Store ;  Wicomico. 

Nottoicay — Court-house  ;  Jennings'  Ordinary ;  Wilson  and  Jones' ;  Blackfare. 

Orange — Court-house;  Barboursville ;  Thomas  Smith's;  Thomas  Ehoade's;  Locust 
Grove. 

Page— Court-house ;  Honey ville;  Oakham;  George  Price's  Mill;  Springfield;  Mohler's 
Mill ;  Eileysville ;  Prunty's  Mill. 


SEPARATE    ELECTION    PRECINCTS.  135 

I 

Patrick — Court-house;  Robertson's ;  Aldridge's  and  Lee's ;  Penn's  Store;  Carter's  Store ; 
Hancock's  ;  Elamsville ;  Slusher's ;  Connor's ;  Shilor's ;  Gates' ;  Mankin'si 

Pendleton— ^Franklin ;  Harper's;  Kiser's;  Vint's;  Cowyer's  Mill;  Mallow's;  Seneca; 
Circleville. 

Petersburg — Centre  Ward ;  East  Ward ;  South  Ward ;  West  Ward. 

Pittsylvania — Court-house;  Danville;  Spring  Garden;  Whitmell ;  Cascade;  Smith's: 
Beaver's ;  Riceville ;  Rorer's ;  Strail's  Store ;  White's ;  Laurel  Grove ;  Chalk  Level : 
Mooman's. 

Pleasants — Court-house;  Spring  Run f  Sugar  Creek  ;  Pine  Grove;  Hale's  Mill. 

Pocahontas — Four  districts — Places  of  election  the  same  as  for  magistrates. 

Poichatan — Court-house ;  Clarke's  Mill ;  Macon ;  Suhlett's. 

Preston — Brandonville ;  Miller's;  Burnel's;  Feather's;  Summit  School-house;  Germany: 
©raham's;  Huddlesin's;  Kangwood;  Martin's;  Independence;  Evansville;  Nine's;  Funk's 

Princess  Anne — Court-house ;  Kempsville ;  London  Bridge ;  Capp's  Shop ;  Creed's 
Bridge ;  Blackwater. 

Prince  Edward — Court-house;  Marble  Hill;  Spring  Creek;  Prospect;  Farmville;  Sandy 
Eiver. 

Prince  George — Court-house;  City  Point;  Lilley's  School-house;  Tuttle's  Precinct: 
Harrison's  Store ;  Templeton. 

Prince  William — Dumfries;  Cole's;  Occoquan;  Reeve's;  Brentsville;  Kinchelon's: 
Haymarket;  Ludley, 

Pulaski — Court-house;  Brown's;  Galbreath's;  Ruper's;  Thorn  Spring  Camp. 

Putnam — Court-house ;  Bailey's ;  Pocatalico ;  Alexander's ;  Red  House ;  Jones' ;  Hurri 
<cane  Bridge;  Wheeler's;  Buffalo;  Eighteen  Mile  Precinct. 

Raleigh — Same  places  as  magisterial  elections. 

Randolph — Court-house;  Pennington's;  Minear's;  Taylor's;  Kemp's;  Lee. 
Rappahannock — Washington;  Sperry ville ;  Yates';  Amissville;  Catherine  Deatheridge. 
Richmond  City — Jefferson  Ward ;  Madison  Ward ;  Monroe  Ward. 

Richmond  Cownty— Court-house ;  Stony  Hill ;  Tavern-House ;  Farnham  Church ;  Lyell's 
Store. 

Ritchie — Harrisvilie;  Skelton's ;  Leedan's ;  Ireland's;  Deems';  Rawson'g;  Tebbs' ; 
Murphy's. 

Roanoke — Court-house ;  Big  Lick ;  Cave  Spring ;  Barnett's. 

Rockbridge — Court-house;  Brownsburg;  Fairfield;  Natural  Bridge ;  Collierstown ;  Kerr's 
Creek;  Trevey's;  Hamilton's  School-house;  Paxton's  School-house;  Wilson's  Shop;  Broad 
Creek;  Goshen. 

Rockingham — Harrisonburg ;  Keezletown ;  McGaheysville ;  Conrad's  Store ;  Spartapolis  ; 
Henton's  Mills;  Gordon's  Store;  Bowman's  Mill;  Timbervine;  Menonite  School-house; 
Bridgewater;  Ottobine;  Wittig's  Store;  Sprinkle's  Store;  Taliaferro's  Store;  Port  Republic: 
Mount  Crawford ;  Samuel  Coots'. 


I'lG  SEPARATE   ELECTION   PEECINCTS. 

» 

Russell — Court-house;  Grizle's;  Pound;  Holly  Creek;  Guest's  Mountain ;  Castlewood's; 
Fugate's ;  Hanson's ;  Aston's  Store ;  Cook's  Mills ;  Dorton's ;  Baylor's  Store ;  Gibson's ; 
Flendriek's  Store. 

Scott — Court-house;  Wineger's;  Hart's;  Smith's;  Puilleng's;  Nickelsville ;  Alley's; 
Osborne's  Ford  ;  Stony  Creek ;  Peters' ;  Eye  Cove ;  Carter's ;  Neil's ;  Roller's. 

Shenandoah — Court-house;  Strasburg;  Crossroads  Meeting-house;  Conner's  Church; 
Town  Hall;  Keller's  School-house;  Edinburg;  Columbia  Furnace;  Mount  Jackson; 
Crossroads  School-house;  New  Market;  Forrestville. 

Smyth — Court-house ;  Broad  Ford ;  Hays' ;  Sanders' ;  St.  Clair's  Bottom  ;  Burton's 
Store;  Ashliu's;  Atkins'. 

Spotsylvania — Court-house;  Fredericksburg;  Mount  Pleasant;  Andrews';  Chancellor's. 

Stafford — Court-house;  White  Oak;  Master's;  Tackett's  Mill;  Falmouth;  Coakley's; 
HanVood's ;  Acquia. 

Southampton — Court-house ;  Drewrysville ;  Crosskeys ;  Joyner's ;  Murfee's ;  Black 
Creek  Church;  Berlin;  Faison's  Store. 

Surry — Four  districts — At  the  same  places  as  for  election  of  magistrates. 

Sussex — Court-house;  Comann's  Mill;  Henry;  Stony  Creek;  Newville;  Owen's  Store. 

Taylor — Court-house;  Mahaney;  Reed's;  Claysville;  KnottsTille;  Haymond's;  Fetter- 
oaan;  Grafton.' 

Tazewell — Court-house;  Repass;  Tiffany's;  Mouth  of  Slate;  Gibson's;  Crabtree's; 
Citzeville ;  Liberty  Hill ;  Tugg. 

Tyler — Court-house;  Centreville;  David  John's;  Hammond's;  Underwood's;  Dan- 
cer's; Sistersville ;  Pleasant  Mills. 

Upshur — Court-house;  Reedy  Mills;  Simpson's  Mill;  Posty;  Marples;  Marshall's; 
("hesney's. 

Warren — Courthouse;  Boyd's  Mill;  Bentonville;  Leary's  School-house;  Cedarville; 
Itowellsville. 

Warwick — Three  precincts — The  same  as  for  election  of  magistrates. 

Washington — Courthouse;  Clark's;  Davis';  Waterman's;  Merchant's;  Gobble's;  Mills'; 
Worley's;  Williams';  Morell's;  Fulleu's  School-house;  Clark's;  Kelly's  Schuol-house ; 
Delusko  Mills;  Ons';  Miller's;  Good  Hope;  Green  Spring. 

Wayne — William  Crum's.     (No  other  returned.) 

Westmoreland — Court-house ;  Hague ;  Warrensville ;  Oak  Grove. 

Wetzel— Court-house;  Forks  of  Proctor;  Knob  Fork;  Church's;  Cohorn's;  Ice's; 
Willey's  School  house. 

Williamsburg — Court-house. 

Wirt — Court-house;  Foster's;  Petty'a. 

Wood — Precincts  at  the  same  places  as  election  for  magistrates. 

Wyoming — Court  house ;  Gad's ;  Rhinclieart's ;  McKinney's ;  Bailey's ;  Lester's. 

Wythe — Eight  districts — Precincts  at  same  places  as  for  election  of  magistrates. 

York— Three  districts— Precincts  at  the  same1  places  as  for  election  of  magistrates.  ■ 


TABLE 

Showing  the  Times  for  the  Commencement  of  the  Regular  Terms  of  each  Circuit, 
County  and  Corporation  Court. 


Counties 

Circuit  courts. 

County  and  corpora- 
tion courts. 

County  and  corporation 

and  corporations. 

When  terms  commence. 

Monthly  terms. 

courts.     Quarterly 

terms. 

• 

Circuits. 

■ 

Accomack, 

5. 

1st  Monday  in  May  and  1st 

day  of  November, 

East  Monday, 

March,  May,  August,  Novem. 

Albemarle, 

10. 

2d  Monday  in  May  and  Oct 

First  Monday, 

Do.     June,      do. 

do. 

Alexandria, 

9. 

3d  Monday  in  May  and  2d 

Monday  in  November, 

Fourth  Monday, 

Feb'y,  May,*       do. 

do. 

Alleghany, 

14. 

13fh  April  and  September, 

Third  Monday, 

March,  June,       do. 

do. 

Amelia, 

2. 

25th  April  and  20th  Oct'r, 

Fourth  Thursday, 

Do.     May,       do. 

do. 

Amherst, 

in' 

22d  March  and  August, 

Third  Monday, 

Do.     June,       do. 

do. 

Appomattox, 

3. 

21st  April  and  September, 

Thursday  after  1st 

Monday, 

Do.     May,       do. 

do. 

Augusta, 

11. 

1st  June  and  November, 

Fi.urth  Monday, 

Do.      do.         do. 

Octo'r. 

Barbour, 

21. 

8th  May  and  October, 

First  Monday, 

Do.     June,       do. 

Novem. 

Bath, 

11. 

loth  May  and  October, 

Second  Monday, 

Do.       do.         do. 

do. 

Bedford, 

4. 

25th  April  and  September, 

Fourth  Monday, 

Feb'y,   May,  July, 

do. 

Berkeley, 

13. 

24th  April  and  September, 

Second  Monday, 

March,  June,  August,     do. 

Boone, 

15. 

2d  Monday  after  4th  Mon- 

Wednesday after  2d 

day  in  April  and  Sept'r, 

Monday, 

Do.      do.         do. 

do. 

Botetourt, 

14. 

1st  April  and  September, 

Second  Monday, 

Do.      do.         do. 

do. 

Braxton, 

19. 

27th  April  and  September, 

First  Tuesday, 

Do.      do.         do. 

do. 

Brooke, 

20. 

18th  March  and  August, 

Last  Monday, 

Feb'y,   May,  July, 

do. 

Brunswick, 

2. 

2?th  March  and  2d  Oct'r, 

Fourth  Monday, 

March,    do.     Angus 

,     do. 

Buckingham, 

3. 

5th  April  and  September, 

Second  Monday, 

Do.       do.          do. 

do. 

Cabell, 

18. 

27th  March  and  August, 

Fourth  Monday, 

Do.    June,      do. 

do. 

Calhoun, 

19. 

12th  April  and  September, 

First  Tuesday  after 

4th  Monday, 

Do.      do.         do. 

do. 

Campbell, 

3 

18th  May  and  October, 

Second  Monday, 

Do!      do.         do. 

do. 

Caroline, 

8 

1st  March  and  18th  Sept'r, 

Second  Monday, 

Feb'y,  May,       do. 

do. 

Carroll, 

16. 

Monday  before  last  Monday 

> 

in  March  and  August, 

First  Monday, 

March,  June,      do. 

do. 

Charles  City, 

6. 

ISth  May  and  November, 

Third  Thursday, 

Do.     May,        do. 

do. 

Charlotte, 

3. 

25th  March  and  August, 

First  Monday, 

Do.     June,      do. 

do. 

Chesterfield, 

2 

7th  May  and  12th  Nov'r, 

Sec>mt  Monday, 

Do.        do.         do. 

do. 

Clarke, 

13. 

12th  May  and  October, 

Second  Monday  in 
June  and  4th  in 

other  months, 

Feb'y,   May,  July, 

Octo'r. 

Clay, 

15. 

1st  April  and  September, 

Second  Monday, 

March,  June,  August 

,  N  o  vein. 

Craig, 

14 

15th  March  and  August, 

Fourth  Monday, 

Do.       do.          do. 

do. 

Culpeper, 

10. 

1st  Monday  June  and  Nov. 

Third  Monday, 

Do.     May,       do. 

do. 

Cumberland, 

3. 

5th  March  and  August, 

Fourth  Monday, 

Feb'y,     do.     July, 

Octo'r. 

Danville, 

3. 

22d  March  and  August, 

Thursday  after  2d 

a 

Monday, 

March,  June,  August,  Novem. 

Dinwiddie, 

2. 

20th  March  and  26th  Sept, 

Third  Monday, 

Do.     May,       do. 

do. 

Doddridge, 

19. 

22d  May  and  October, 

Fourth  Monday, 

Do.     Jnue,      do. 

do. 

Elizabeth  City, 

6. 

15th  March  and  September, 

Fourth  Thursday, 

Do.     May,        do. 

do. 

Essex, 

8. 

25th  April  and  12th  Nov'r, 

Third  Monday, 

Do.       do.          do. 

do. 

Fairfax, 

9. 

1st  Monday  June  and  Nov. 

Third  Monday, 

Do.    June,      do. 

do. 

Fauquier, 

9. 

Tuesday  after  1st  Monday 

in  April'and  September, 

Fourth  Monday, 

Do.     May,       do. 

do. 

Fayette, 

15. 

7th  June  and  November, 

Thursday  after  2d 

Tuesday, 

Do.    June,      do. 

do. 

Floyd, 

16. 

1st  Monday  April  and  Sept 

Thursday  after  3d 

1 

Monday, 

Do.      do.         do. 

do. 

Fluvanna, 

10. 

10th  April  and  September, 

Fourth  Monday, 

Do.     May,       do. 

do. 

Franklin, 

4. 

15th  May  and  October, 

First  Monday, 

Do.    June,      do. 

do. 

Frederick, 

13. 

10th  June  and  November, 

Monday  before  1st 

Tuesday, 

Do.      do.         do. 

do. 

Fredericksburg, 

_ 

Second  Thursday, 

Do.      do.      Octo'r, 

Decern. 

Giles, 

15. 

20th  May  and  October, 

Second  Monday, 

Do.      do.    August,  Novem, 

Gilmer, 

19. 

19th  April  and  September, 

Tuesday  after  3d 

Monday, 

Feb'y,     do.         do. 

do. 

Gloucester, 

6. 

13th  April  and  October, 

First  Monday, 

March,  May,       do. 

do. 

Goochlaud, 

10. 

1st  April  and  September, 

Third  Monday, 

Do.      do.         do. 

do. 

Grayson, 

16. 

4th  Monday  April  and  Sept. 

Fourth  Monday, 

Feb'y,     do.     July, 

do. 

Greenbrier, 

14. 

1st  May  and  October, 

Fourth  Monday, 

March,  June,  August 

do. 

Greene, 

10. 

3d  Monday  June  and  Nov. 

Wednesday  after  2d 

Monday, 

Do.      do.         do. 

do. 

Greenesville, 

1. 

28th  April  and  2d  Nov'r, 

First  Monday, 

Do.     May,       do. 

Octo'r. 

138 


TIMES  AND  PLACES  OF  COURTS. 


Counties 

Circuit  courts. 

County  and  corpora- 

County  and  corporation 

and  corporations. 

When  terms  commence. 

Monthly  terms. 

courts.     Quarterly 

terms. 

Circuits. 

Halifax, 

3. 

1st  May  and  October, 

Fourth  Monday, 

March,  June, 

Ang't, 

Novem. 

Hampshire, 

13. 

1st  April  and  September, 

Fourth  Monday, 

Do.      do. 

do. 

do. 

Hancock, 

20. 

10th  March  and  August, 

Tuesday  after  2d 

Monday, 

Jan'y,  April, 

June,  October. 

Hanover, 

8. 

10th  March  and  26th  Sept. 

Fourth  Tuesday, 

Feb'y,  April, 

July, 

Novem'r. 

Harrison, 

21. 

15th  April  and  September, 

First  Monday, 

March,  June, 

August,     do. 

Hardy, 

12. 

20th  April  and  September, 

Monday  before  1st 

Tuesday, 

Do.      do. 

do. 

do. 

Henrico, 

6. 

23d  April  and  October, 

First  Monday, 

Do.     May, 

do. 

do. 

Henry, 

4. 

1st  April  and  September, 

Second  Monday, 

Do.     Jiine, 

do. 

do. 

Highland, 

12. 

2d  May  and  October, 

Thursday  after  3d 

Monday, 

Do.     May, 

do. 

Octo'r. 

Isle  of  Wight, 

1. 

16th  May  and  18th  October, 

First  Monday,          • 

Do.     June, 

do. 

Novem. 

Jackson, 

18. 

2<1  May  and  October, 

Second  Monday, 

Feb'y.     do. 

do. 

do. 

James  City  and 

Williamsburg, 

6. 

25th  May  and  November, 

Second  Monday, 

March,    do. 

do. 

Octo'r. 

Jeiferson, 

13. 

20th  May  and  October, 

Second  Monday  in 
June  and  October, 

3d  in  other  months, 

Do.      do. 

do. 

do. 

Kanawha, 

18, 

27th  May  and  October, 

Third  Monday, 

Feb'y,     do. 

do. 

Novem. 

King  George, 

8. 

23d  March  and  12th  Sept. 

First  Thursday, 

March,    do. 

do. 

do. 

King  &  Queen, 

8. 

2d  May  and  19th  Nov'r, 

First  Thursday, 

Do.     May, 

do. 

do. 

King  William, 

8. 

13th  May  and  25th  Nov'r, 

Fourth  Monday, 

Do.      do. 

do. 

do. 

Lancaster, 

8. 

15th  April  and  2d  Nov'r, 

Third  Monday, 

Do       do. 

do. 

do. 

Lee, 

17. 

2d  Monday  after  4th  Mon- 

day in  April  and  Sept'r, 

- 

Do.     June, 

do. 

do. 

Lewis, 

19. 

8th  May  and  October, 

Second  Monday, 

April,      do. 

do. 

Septem. 

Logan, 

15. 

1st  Monday  after  4th  Mon- 

day in  April  and  Sept'r, 

Third  Monday, 

March,    do. 

do. 

Novem. 

Loudoun, 

9. 

4th  Monday  in  April  and  3d 

Monday  in  October, 

Second  Monday, 

Do.      do. 

do. 

do. 

Louisa, 

10. 

20th  April  and  September, 

Second  Monday, 

Do.      do. 

do. 

do. 

Lunenburg, 

2. 

13th  April  and  8th  Oct'r, 

Second  Monday, 

Do.     May, 

do. 

do. 

Lynchburg, 

3. 

3d  June  and  November, 

First  Monday, 

Do.     June, 

do. 

Octo'r. 

Madison, 

10. 

1st  Monday  Mar.  and  Aug. 

Fourth  Thursday, 

Feb'y,     do. 

do. 

do. 

Marion, 

21. 

10th  June  and  November, 

First  Monday, 

March,    do. 

do. 

Novem. 

Marshall, 

20. 

1st  May  and  October, 

Third  Monday, 

Do.      do. 

do. 

do. 

Matthews, 

6. 

6th  April  and  September, 

Second  Monday, 

Do.     May, 

do. 

do. 

Mason, 

18. 

18th  April  and  September, 

First  Monday, 

Feb'y,   June, 

do. 

do. 

Mecklenburg, 

2. 

2d  April  and  15th  Sept'r, 

Third  Monday, 

Do.     May, 

do. 

do. 

Mercer, 

15. 

27th  May  and  October, 

Thursday  after  2d 

Monday, 

March,  June, 

do. 

do. 

McDowell, 

17. 

1st  Monday  Mar.  and  Aug. 

Second  Monday, 

Do.       do. 

do. 

do. 

Middlesex,            • 

6. 

1st  April  and  October, 

Fourth  Wednesday, 

Do.     May, 

do. 

do. 

Monongalia, 

30. 

1st  April  and  September,   ' 

Fourth  Monday, 

Do.     June, 

do. 

do. 

Monroe, 

14. 

12th  May  and  October, 

Third  Monday, 

Do.       do. 

do. 

do. 

Montgomery, 

16. 

2d  Monday  in  Ap'l  and  Sep. 

First  Monday, 

Do.       do. 

do. 

do. 

Morgan, 

13. 

6th  May  and  October, 

Fourth  Monday, 

Do.      do. 

Sept. 

do. 

Nauseuiond, 

15. 

16th  April  and  12th  Oct'r, 

Second  Monday, 

Do.      do. 

Aug. 

do. 

Nelson, 

10. 

27th  April  and  September, 

Fourth  Monday,- 

Feb'y,   May, 

July, 

do. 

New  Kent, 

6. 

10th  May  and  November, 

Second  Thursday, 

March,    do. 

Aug. 

do. 

Nicholas, 

15. 

6th  April  and  September, 

Monday  before  2d 

Tuesday, 

Do.     June, 

do. 

do. 

Norfolk  city, 

1. 

1st  June  and  15th  Nov'r, 

Fourth  Monday, 

Feb'y,  April, 

July,  October. 

Norfolk  county, 

1. 

1st  April  and  28th  Sept'r, 

Third  Monday, 

March,  June, 

Aug't, 

Novem. 

Northampton, 

5. 

3d  Monday  in  Ap'l  and  Sep. 

Second  Monday, 

Do.       do. 

Sept. 

do. 

Northumberland, 

8. 

9th  April  and  28th  Oct'r, 

Second  Monday, 

Do.     May, 

Aug. 

do. 

Nottoway, 

2. 

20th  April  and  15th  Oct'r,   . 

First  Thursday, 

Do.      do'. 

do. 

do. 

Ohio, 

20. 

10th  May  and  October, 

First  Monday, 

Feb'y,  July, 

Sept'r, 

Decern. 

Orange, 

10. 

1st  May  and  October, 

Fourth  Monday, 

March,  May, 

Aug't, 

Novem. 

Page, 

12. 

11th  April  and  September, 

Fourth  Monday, 

Feb'y,     do. 

July, 

do. 

Patrick, 

4. 

12th  April  and  September, 

Fourth  Monday, 

Do.      do. 

do. 

do. 

Pendleton, 

12. 

27th  April  and  September, 

Thursday  after  1st 

Tuesday, 

March,  June, 

Sept'r 

do. 

Petersburg, 

o. 

22d  May,  16th  November, 

Third  Thursday, 

Do.      do. 

do. 

Decern. 

Pittsylvania, 

4. 

28th  May  and  October, 

Third  Monday, 

Do.      do. 

Aug. 

Novem. 

Pleasants, 

VJ. 

30th  May  and  October, 

Thursday  after  2d 

Monday, 

Feb'y,  May,  July,  October. 

Pocahontas, 

14. 

23d  April  and  September, 

First  Tuesday, 

March,  June, 

Aug't 

Novem. 

Powhatan, 

2. 

2d  May  and  27th  ( tctober, 

First  Wednesday, 

Do.       do. 

do. 

Octo'r. 

Preston, 

21. 

18th  March  and  August, 

Second  Monday, 

Feb'y,   May, 

July, 

Novem. 

Princess  Anne, 

1. 

25th  May  and  22d  Sept'r, 

First  Monday, 

March,  June, 

Aug. 

do. 

Prince  Edward, 

;i. 

15th  March  and  August, 

Third  Monday, 

Feb'y,   May, 

July, 

do. 

Prince  George, 

2 

i7th  May  and  12th  Nov'r, 

Second  Thursday, 

March,    do. 

Aug't 

do. 

Prince  William, 

9. 

2d  Monday  in  May  and  Oct. 

First  Monday, 

Do.     June, 

do. 

do. 

Pulaski, 

16. 

3d  Monday  April  and  Sep. 

Thursday  after  1st 

Monday, 

Do.      do. 

do. 

do. 

Putnam, 

18. 

8th  April  and  September, 

Fourth  Monday,    * 

Do.      do. 

do. 

do. 

Raleigh, 

15. 

3d  Monday  April  and  Sep. 

First  Monday, 

Do.      do. 

do. 

do. 

Randolph, 

21, 

26th  May  and  October, 

Fourth  Monday, 

Do.      do. 

do. 

do. 

TIMES   AND   PLACES   OP   COURTS. 


139 


Counties 

Circuit  courts. 

County  and  corpora- 
tion courts. 

County  and  corporation 

and  corporations. 

When  terms  commence. 

Monthly  terms. 

courts.     Quarterly  terms. 

Circuits. 

Rappahannock, 

9- 

3d  Monday  in  March  and  1st 

Monday  in  October 

Second  Monday, 

March,  May,  August,  Novem . 

Richmond  city, 

7. 

1st  May  and  November, 

Second  Monday, 

Jan'y,   Ap'l,  July,       Octo'r. 

Richmond  co. 

8. 

3d  April  and  23d  October, 

First  Monday, 

March,  May,  August,  Novem, 

Ritchie, 

19. 

15th  April  and  September, 

Tuesday  after  1st 
Monday, 

Feb'y,   June,      do.          do. 

Roane, 

18. 

17th  May  and  October, 

First  Monday, 

Jan'y,    Ap'l,  July,     Sept'r. 

Roanoke, 

14. 

22d  March  and  August, 

Third  Monday, 

March,  June,  Aug't,  Novem, 

Rockbridge, 

11. 

12th  April  and  September, 

Monday  before  1st 
Tuesday, 

Do.       do.          do.           do. 

Rockingham, 

12. 

11th  May  and  October, 

Third  Monday, 

Feb'y,  May,       do.          do. 

Russell, 

17. 

4th  Monday  April  and  Sep. 

Tuesday  after  1st 
Monday, 

March,  June,      do.          do. 

Scott, 

17. 

34  Monday  after  4th  Mon- 
oay  April  and  Sept'r, 

Tuesday  after  2d 

Monday, 

Do.      do.         do.          do. 

Shenandoah, 

12. 

30th  March  and  August, 

Monday  before  2d 
Tuesday, 

Do.      do.     t   do.          do. 

Smyth, 

17. 

1st  Monday  April  and  Sep. 

Tuesday  after  1st 
t     Monday, 

Do.      do.         do.          do. 

Southampton, 

1. 

2d  May  and  7th  October, 

Third  Monday, 

Do.      do.         do.          do. 

Spotsylvania, 

•   8. 

20th  May  and  6th  October, 

First  Monday, 

Do.      do.         do.          do. 

Stafford, 

9. 

4th  Monday  Mar.  and  Sept. 

Third  Wednesday, 

Do.      do.         do.          do. 

Staunton. 

_ 

Wednesday  after  1st 
Monday, 

Feb'y,  May,   July,      Octo'r. 

Surry, 

1. 

10th  May  and  25th  Oct'r, 

Fourth  Monday, 

March,    do.     August, Novem. 

Sussex, 

1. 

24th  April  and  29th  Oct'r, 

First  Thursday, 

Do.      do.         do.      Octo'r. 

Taylor, 

21. 

4th  March  and  August, 

Fourth  Monday, 

Do.     June,      do.     Novem. 

Tazewell, 

17. 

Last  Monday  Mar.  and  Aug. 

Wednesday  alter  1st 
Monday, 

Feb'y,  May,  July,      Octo'r. 

Tucker, 

21. 

22d  May  and  October, 

Third  Monday, 

March,  June,  Aug't,    Novem, 

Tyler, 

20. 

22d  April  and  September, 

Second  Monday, 

Do.      do.         do.          do. 

Upshur, 

21. 

4th  April  and  September, 

Third  Monday,  . 

Do.      do.         do.          do. 

Warren, 

12. 

25th  March  and  August, 

Third  Monday, 

Do.    May,       do.          do. 

"Warwick, 

6. 

21st  March  and  September, 

Second  Monday, 

Do.    June,      do.     Decern. 

"Washington, 

17. 

2d  Monday  April  and  Sep. 

Fourth  Monday, 

Do.      do.         do.     Novem, 

Wayne, 

18. 

20th  March  and  August, 

Tuesday  after  1st 
Monday, 

Do.      do.         do.          do. 

Webster, 

15. 

14th  April  and  September, 

Fourth  Tuesday, 

Do.      do.         do.          do. 

Westmoreland, 

8. 

28th  March  and  18th  Oct'r, 

Fourth  Monday, 

April,    May,       do.          do. 

Wetzel, 

20. 

12th  April  and  September, 

Tuesday  after  1st 
Monday, 

Feb'y,     do.     July,     Octo'r 

Williamsburg, 

6. 

25th  May  and  November, 

Fourth  Monday, 

March,  June,  Aug't,  Novem, 

Winchester, 

_                   _                   _ 

First  Saturday, 

Do.     May,       do.          do. 

Wirt, 

19. 

3d  April  and  September, 

Tuesday  after  4th 
Monday, 

Feb'y,  June,      do.          do. 

Wise, 

17. 

1st  Monday  after  4th  Mon- 

day in  April  and  Sept'r, 

Fourth  Monday, 

March,    do.         do.          do. 

Wood, 

19. 

5th  June  and  November, 

Third  Monday, 

Feb'y,     do.         do.          do, 

Wyoming, 

15. 

4th  Monday  April  and  Sep. 

Friday  after  3d  Mon- 

• 

dayl 

March,    do,         do.          do. 

Wythe, 

16. 

1st  Monday  May  and  Oct'r, 

Second  Monday, 

Do.      do.         do.          do. 

York. 

6. 

26th  March  and  September, 

Third  Monday, 

Do.     May,       do.      Octo'r^ 

RECEIPTS. 


1861. 
Oct.       1,  To  balance,  per  last  annual  report, 

31 ,  To  receipts  in  October  1861 , 
Nov.   30,  To      do.      in  November  1861, 
Dec.    31,  To      do.      in  December  1861, 


1862. 
Jan.      1,  To* balance  brought  down, 

31,  To  receipts  in  January  1862, 
Feb.    28,  To      do.      in  February  1 862, 
Mar.    31,  To      do.      in  Marcb  1862, 


April    1,  To  balance  brought  down, 
30,  To  receipts  in  April  1862, 
May    31,  To       do.      in  May  1862, 
June  30,  To      do.      in  June  1862, 


July     1,  To  balance  brought  down, 

31,  To  receipts  in  July  1862, 
Aug.  30,  To      do.      in  August  1862, 
Sep.    30,  To      do.     in  September  1862, 


138,214  84 

231,864  93 

408,246  10 

1,245,184  02 

$2,023,509  89 

717,911  69 

252,149  81 

1,094,432  67 

492,603  06 

$2,557,097  23 

1,017,810  32 

2,036,122  05 

222,341  30 

155,125  30 

$  3,431,398  97 

482,839  78 

278,449  08 

'1,406,159  36 

1,132,155  44 

$3,299,603  66 


Oct.      1.  To  balance  against  the  treasurer  this  day,  exclusive  of  the  funds 
nnder  the  direction  of  the  second  auditor, 


$434,778  96 


DISBURSEMENTS. 


By  amount  of  warrants  paid  in  October  1861* 
By  do.  do.  November  1861 , 

By  do,  do.  December  1861, 

Balance  31st  December  1861, 


By  amount  of  warrants  paid  in  January  1862, 
By  do.  do.  February  1862, 

By  do.  do.  March  1862, 

Balance  30th  March  1862, 


By  amount  of  warrants  paid  in  April  1862, 
By  do.  do.  May  1862, 

By  do,  do.  June  1862, 

Balance  30th  June  1862, 


By  amount  of  warrants  paid  in  July  1862, 
By  do.  do,  August  1862, 

By  do.  do.  September  1862, 

Balance  30th  September  1862, 


284,274  65 
280,990  97 
740,332  58 
717,911  69 


$2,023,509  89 

284,632  56 
1,123,355  95 

131,308  40 
1,017,810  32 


$2,557,097  23 

2,279,868  57 
129,553  69 
539,136  93 
482,839  78 

$3,431,398  97 

190,838  34 

1,698,358  97 

975,627  39 

434,778  98 

$  3,299,603  6& 


Total  amount  of  warrants  issued  by  the  auditor  from  the  1st  October  1861 

to  the  30th  September  1862,  inclusive, 
Add  warrants  No.  8316,  $18  00  ^ 

8317,      84  25  1  Issued  prior  to  the  1st  October  1861, 
8327.      55  00  {      and  paid  since  that  day, 
11472,      25  00  J 


Issued  prior  to  the  1st  October 
1862,  and  unpaid  on  the  morn- 
ing' of  that  day, 


Deduct  warrants  J 

lb,  1806, 

$5  12^) 

4259, 

24  70 

6559, 

19  00 

6625, 

520  99 

6638, 

21  00  > 

6687, 

25  00 

6752, 

15  96 

6791. 

100  00 

- 

6847, 

28  00  J 

Paid 

by 

the  ireasu 

Auditor's  Office, 

Dec.  16, 

1862, 

8,658,846  52 


182  25 


8,&59,028  77 


759  77 


$8,658,269  90 


APPROPRIATIONS 


General  appropriations  for  fiscal  year  ending  September  30,  1863 : 

Direct  appropriations,                     -                   -                   -  8,954,798  f  i 

Estimated  amount  not  specified,    -  2,500  00 

Amount  included  in  general  appropriations!  8,957,298  7 J 

Salt.                -                  -                  -                   -                  -  1,000,000  00 

Other  appropriations}         -                                       -                   -  2,980  44 

Total,  $9,960,279  15 


This  does  not  include  money  refunded  under  acts  for  refunding  money  received  for  ex* 
smption  from  military  duty 


INDEX 


ADMINISTRATIONS. 

See  Wills,  &c. 


10 


AGENCY  FOR  RECEIVING  AND  FOR; 

WARDING  SUPPLIES  TO  VIRGINIA 

SOLDIERS. 

Act  establishing,  50 

Agent,  how  appointed,  50 

Depot,  how  provided,  50-51 

Transportation,  51 

Duty  of  agent  as  to  advertising,  51 

Salary  of  agent,  51 

Clerks,  51 

Soldiers,  when  detailed,  51 

Bond,  how  given,  •             51 

Remedy  against  agent,  *           51 

Appropriation,  51 

AGENTS  FOR  RENTING  HOUSES. 

License  to,  18 

AGENTS  FOR  HIRING  NEGROES. 

License  to,  18 

•     AGRICULTURAL  PRODUCTIONS. 
When  taxed,  26-7 

AGRICULTURAL  PRODUCTIONS  AND 
SUPPLIES. 

Preamble  and  resolution  advising  as 
to  increase  of,  &c.  129-30 

AIDS  OF  GOVERNOR. 

Ordinance  as  to,  amended,  50 

Number  of  aids  governor  may  appoint,  50 

Who  to  receive  pay,  50 

ALCOHOL. 
Act  of  1862  repealed,  87 

ALDERSON,  J.  M. 

Act  for  relief  of  representative  of,  113 

Militia  fines  to  be  delivered  to  collector,  113 

Sheriff  to  give  receipts,  1 13 

Auditor  to  charge  sheriff  with  amount,  113 

ALIENS. 

License,  when  to  issue  to,  34 

APPROPRIATIONS, 

Salary  of  clerk  of  sinking  fund,  35 

General  assembly,  35 

Elections,  35 

Judges,  35 

Prisoners,  jurors,  &c  35 

Slaves  condemned,  35 

Expenses  of  penitentiary,  35 


J.  W.  Hancock, 

Convicts,  &c. 

Mileage  to  officers  and  guards, 

Penitentiary, 

Records  court  of  appeals, 

Contingent  expenses  of  courts, 

Militia,        0 

Adjutant  general, 

Annuity  to  Virginia  military  institute, 

Military  contingent  fund, 

Public  guard, 

Interior  guard  at  penitentiary, 

Transportation  of  arms, 

Commissioners  of  revenue, 

Central  lunatic  asylum, 

Eastern  lunatic  asylum, 

Robert  Saunders,  &c. 

Win.  M.  Hume, 

Lunatics  in  county  jails^ 

Deaf,  dumtf  and  blind, 

Pensions, 

Civil  prosecutions, 

Public  warehouses, 

Governor's  house, 

Capitol, 

Grattan's  Reports, 

Leigh's  Reports, 

Vaccine  agent, 

Messenger  in  auditor's  office, 

Registration  of  marriages,  &c. 

Printing, 

Temporary  clerks  in  auditor's  office, 

Commissions  to  sheriffs, 

New  river  navigation  company, 


Clerk  joint  committee  on  salt, 

Porter  of  senate, 

Fires,  furnaces,  &c. 

Temporary  loans, 

Interest  on  loans  for  war  tax, 

Interest  bearing  treasury  notes, 

Naval  officers, 

Military  expenses, 

Auditing  board, 

Virginia  state  line, 

Penitentiary,  raw  material  for, 

Kean,  Patrick, 

Hoyer  &  Ludwig, 

J.  D.  Pendleton  and  John  Burwell, 

General  fund, 

How  disposed  of, 

Limitation  of  power  of  auditor, 

Payments,  when  made, 

Table  showing,  at  adjourned  session, 

ARDENT  SPIRITS 

License  to  distill  or  rectify, 


35 
35 
35 
35 
35 
35 
35 
35 
35 
35 
35-6 
36 
36 
36 
36 
36 
36 
36 
36 
36 
36 
36 
36 
36 
36 
36 
36 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
38 
38 
38 
38 
38 
38 
38 
38 
38 
142 


?3~14 


144 


INDEX. 


Prohibition  of  sale  of, 


27 


ATTACHMENTS  AGAINST  NON-RESI- 
DENTS. 
Act  to  enlarge  powers  of  circuit  courts  in.  77 
Sale  of  slaves,  how  ordered,  77 

How  made,  77 

ATTORNEYS  AT  LAW. 

Tax  on  license  to, 


BAGATELLE  TABLES. 

Tax  on  license  to, 


20 


13 


BANKS. 
Act  to  authorize  conversion  of  Confede- 
rate treasury  notes  into  other  securi- 
ties, 82 
Code  amended,  82 
When  bank  may  loan  money,     ^  82 
Interest,  82 
Loans,  how  regulated,  82 
Proviso  as  to  treasury  notes,  82 

BANKS  (RELIEF  OF). 

Act  to  amend  act  for,  83 

Act  1861  amended,  83 

Forfeiture  of  charter  suspended,  83 

Charter  to  remain  in  force,  83 

Proviso,  83 

BANKS  (CONTINGENT  Fl^D  OF). 
Act  to  authorize  banks  to  increase  con- 
tingent funds,  58 
Code  amended,  58 
Rate  of  dividends,  58 
Surplus  fund,  58 
Limitation  of  surplus  fund,  58 


Tax  on, 


BANK  CHARTERS. 


BANK  DIVIDENDS. 


10 


Tax  on, 

BANK   OF  ROCKINGHAM. 
Act  authorizing,  to  increase  contingent 

fund,  104 

Act  to  amend  charter  of,  104 

Charter  amended,  105 

When  charter  to  expire,  105 

Treasurer  to  transfer  certificates,  105 

Bond  and  security,  how  given,  105 

When  execution  may  issue,  105 

Denomination  of  notes,  105 

Quarterly  statements,  105 

Board  of  directors,  105 

Proviso  as  to  small  notes,  105 

BARBERS. 

Tax  on  license  to,  21 

BILLIARD  TABLES. 
Tax  on  license  to,  .  12-13 

BIRTHS  AND  DEATHS. 

Act  to  amend  section  22  of  chapter  108 

of  Code,  58 

Code  amended,  58 
Duty  of  commissioner,                           •    59 


Compensation, 

Duty  of  auditor  in  certain  cases, 

BONDS  OF  SHERIFFS. 

See  Sheriffs'  bonds. 

BOOK  AGENTS. 
Tax  on  license  to, 

BOWLING  ALLEYS. 
Tax  on  license  to, 

BRAGG,  E.  W. 

See  Canfield. 

BROKERS. 

Tax  on  license  to, 


59 
59 


17 


12 


19 


BUILDING  FUND  ASSOCIATIONS. 

Act  allowing,  to  purchase  stock,  111 

Power  to  purchase  stock,  111 


BURWELL,  JOHN. 

Appropriation  to, 


38 


CANFIELD,  E.  W.  AND  C.  D.  BRAGG. 

Act  for  relief  of,  119 

CARRIAGES,  BUGGIES  AND  OTHER 

•  VEHICLES. 
Tax  on  license  to  sell,  20 

CENTRAL  LUNATIC  ASYLUM. 

Act  making  appropriation  to,  89-90 

'    CERTIFICATES  OF  STOCK. 
See  Chartered  companies. 


CHAMBERS,  GEO.  W. 

Act  for  relief  of, 

Preamble, 

Amount  appropriated, 


116 
116 
116 


Effect  of, 


CHANGE  OF  FIRM. 


CHARTERED  COMPANIES. 
Act  to  authorize  transfer  and  issue  of  new 

certificates  of  stock  in,  89 

When  property  sold  or  sequestered,  89 

New  certificates,  how  granted,  89 

Old  certificates  destroyed,  89 

When  to  report  to  auditor,  29 

CHANGES  IN  CODE. 

See  Freight  on  rail  roads. 

See  Tobacco  inspectors. 

6ee  Banks,  contingent  funds  of. 

See  Births  and  deaths. 

See  Contested  elections. 

See  Virginia  military  institute. 

See  Printer  to  senate. 

See  Interior  guard  at  penitentiary. 

See  Officers  of  penitentiary. 

See  Sheriffs'  bonds. 

See  Clerks  of  courts. 

See  Compensation  of  clerks  of  courts. 

See~~Hospitals  (lands,  how  condemned  for). 

See  Circuit  courts,  special  terms  of.- 


INDEX. 


115 


CIRCUIT  COURTS  (SPECIAL  TERMS 

Act  to  enlarge  powers  oi,  fi'J 

Code  amended,  6.1 

Trial  oi  prisoner,  G'J 

Sjufial  term,  GJ 

'i»ial  of  pi  isoner  at  special  term,  GJ 

CLERKS  OF  COURTS. 
Act  to  amend  Code  as  to  compensation 

of,  for  public  ser\  iced,  G3 

Code  amended,  Oo 

Compensation  for  public  services,  03 

Corpuiatiuu  of  Richmond,    •  (i.i 

CLERK  OF  HUSTINOS  COURT* OF 
RICHMOND. 

Act  for  relief  of,  116-17 

COLLATERAL  INHERITANCES. 
Tax  on,  7 

COLLINS,  C.  A.  J. 
Preamble  and  resolutions  for  demand  of, 
from  confederate  government,  J  ^-1-25 

COM  M 1 S-JION  M ERC II ANTS. 
Tax  uu  liceuse  to,  lo 

COMMISSIONS  TO  SHERIFFS  AND 

COLLECTORS. 

On  licenses,  32 

COMMISSIONERS  OF  ELECTION. 
Ri'souirion  giving  power  to  justices  to 
appoint,  ia  ceituiu  ca.-es,  124 

COMMISSIONERS'  COMPENSATION. 
Oilier  than  fees,  :u 


Tax  on, 


COMMON  CEIER. 


16-17 


COMPENSATION  OF  CLERKS  OF 
COURTS. 

Act  increasing,  dating  war,  61 

Code  amended,  0> 

Lleik  of  county  or  corporation  court. 

Fee  for  recordation  ot  writing,  0:5 

Kecoidaiion  of  plat,  .                04 

Coitrst  s,  04 

In  deed  book,  <i4 
Teed  oi  trust  or  mortgage,  recordation  of,    04 

Swearing  witnesses,  04 

Recordation  of  will,  04 

Order  as  to  decedent's  estates,  0  t 

{sweating  personal  ivpresentative,  (it 

One  tee  wtiere  mote  than  oue,  04 

J  .icenses  for,  0^ 

Maniage  itcense,  0* 

Narclt,  64 

Certificate,  64 

Iiijan.tioii  bond,  6i 

Any  oilier  bond,  0„ 

Writ  of  ad  quod  damnum,  15 

Caveat,  0b 

Summons  to  answer  bill,  Go 

An}  other  summons,  Of) 

Oopy  of  process,  0 

ISuln.g,  CL 

20 


Postage,  65 

Appearance,  05 

Filing  and  endorsing  petition,  05 

Depositions,  05 

Filing  papeis  for  plaintiff,  65 

Filing  papers  for  defendant,  65 

Issuing  an  attachment,  05 

•Scire  tacias,  05 

Pit  es,  05 

Docketing,  05 

Swearing  jury  and  witnesses,  05 

In  ease  no  jury  is  sworn,  03 
Swearing  witnesses  during  attendance,       05( 

Administering  oath,  05 

Judgments,  decrees,  &c.  05 

Docketing  judgments,  05 

I  axing  cost*,  03 

Execution  returned  by  constable,  05 

Execution,  entty  of,  03 

Tianscript.of  recoid,  05 

Copy,  o; 

Annexing  seal,  07 

Code  amefided,  07 

Clerk  of  a  circuit  court. 

Fee  fjr  writ  of  supersedeas,  07 

I  Solid,  0/ 

Endorsing  writ,  07 

Filing  record.  (i7 

trees,  wlu-n  clerk  of  court  of  appeals. 

Issuing  process,  G7 

Docketing,  &c.  07 

Judgments,  deerees,  &e.  07 

Orders,  issuing  execution,  &c.  07 

I  damages,  taking,  03 

Fees  in  clian  eiy  eases,  08 

For  issuing  attachments  in,  03 

Process,  63 

Exhibits,  63 

Exhibits  with  commissioner's  report,  (54 

Filing  papers,  63 

lines,  63 

Executions,  t>3 

continuation  of  act,  63 

COMPENSATION  OF  FIDUCIARIES. 

Act  to  ptoside  against  iorleiture  of,  82 

CONFEDERATE  INSURANCE  COM- 
PANY. 

Company  incorpoiaied,  98 

Iusiiiance,  how  made,  91) 

Mon-  y  received  uu  deposit,  1.9 

Funds  to  be  invested  Or  loaned,  UJ 

Power  to  purchase  and  lioid  lauds,  £9 

Capital,  99 

How  payable,  ilj 

Management  of  company,  !  9 

Directors,  how  e.ectod,  9J 

President,  how  chose.t,  99 

T.rm  of  office,  99 

Vacancy,  bow  filled,  99 

Sectetnry,  how  appointed,  li  J 

( 'ompensaiioii  of  ufhvtr.-,  30J 

Power  to  appoint  agents,  lt'O 

S  -ale  of  voting,  109 

P  .wer  io  trans  er  stock,  li  9 

Divi. lends,  300 

Til  make  and  pilbli"  rport,  J  09 

Liability  of  members,  100 

U^o-ks  ot  suosciip.ion;  how  opened,  100 


146 


INDEX. 


Board  to  give  notice, 
Act  to  amend  ith  section  of  act  of  in- 
corporation, 
Funds,  how  invested, 
Real  or  personal  estate, 


CONFEDERATE  STATES  TREASURY 

NOTES. 

,  What,  receivable  in  taxes,  33 
See  Banks. 

■  .CONFEDERATE   STATES   WAR  TAX. 

Act  authorizing  payment  of  interest  on* 

bonds  given  for,  39 

When  to  bear  interest,  39 

.    When  holders  entitled  to  interest,  39 

When  auditor  to  issue  warrant,  39 

Rate  of  interest,                             .  •  39 

CONTESTED  ELECTIONS. 

.    Act  to  extend  time  for  filing  complaint  in,, 59 

,  Code  amended,  59 

Returns,  how  enquired  into,  59 

Complaint,  how  made,  59 

Duty  of  courts,  59 

Time  when  complaint  to  be  filed,  GO 

Duty  of  clerk,  00 

Proviso  in  case  of  justice  of  peace,  60 

CONTINGENT  FUNDS. 

See  Banks. 
'      ,      . 
,    CONTRACT  FOR  SUPPLY  OF  SALT. 
See  Stuart,  Buchanan  &  Co. 

COOK  SHOPS,  &c. 

Tax  on  license  to,  12 

COOLEY,  B.  B.  &  J.  W. 
,Act  authorizing  governor  to  deliver 

infant  slave  to,  1  15 
Act  authorizing  sum  of  money  to  be 

paid  to,  for  slave  condemned,  115 

Amount  appropriated,  1 1 5 

CORPORATIONS. 

Tax  on  charters  of,  23 

COUNCIL  OF  LYNCHBURG. 

Act  to  enlarge  powers  of,  107 

Powers  of  council  enlarged,  107 

Council  may  enact  ordinances,  107 

Persons,  when  to  be  arrested,  107 

Power  of  officers,  107 

Armed  police,  107 

COUNCIL  OF  EICHMOND. 

Act  'to  enlarge  powers  of,  100 

Powers  enlarged,  106 

Council  to  enact  ordinances,  107 
Persons  to  be  arrested  for  violating 

ordinances,  107 

,  Powers  of  officers,  107 

Armed  police  organized,  107 

COUNTY  COURTS. 

Act  to  extend  jurisdiction  of,  78 

Act  of  1862  amended,  78 

Ordinance  amended,  79 

Jurisdiction  of  courts,  79 


101 

Recordation, 

79* 

When  no  tax  to  be  charged, 

79 

101 

Duty   of   clerk    of   circuit    court    of 

101 

Richmond, 

79 

101 

Penalty, 

79 

Fees  and  postage, 

79 

COUNTY  OFFICERS  (ELECTION  OF). 

Act  to  provide  for,  76 
When  county  prevented  from  holding 

elections  for,  •  76 

Court  may  order  election,  77 

For  unexpired  terms,  77 

COURT  OF  APPEALS. 

ActTas  to  sessions  of,  80 

Place  of  session  may  be  changed,  80 

Notice  of  removal,  how  given,  ;  80 

Removal  of  library,  &c.  80 

COURTS  OF  COUNTIES  IN  POSSES- 
SION OF  ENEMY. 

See  County  courts. 


DAGUERREIAN  ARTISTS. 
Tax  on  license  to, 


20 


DEDUCTION  FROM   COMPENSATION 

OF  COMMISSIONER. 
When  made,    '  '     25 


Tax  on, 


DEEDS. 


DEPUTY  COLLECTORS. 
How  appointed, 

DISBURSEMENTS. 

Tables  showing, 


10 


33 


141 


DISCHARGE  FROM  ACTIVE  MILI- 
TARY SERVICE. 

Act  to  provide  lor,  of  persons  who  have 
furnished  substitutes,  41 

When  person  who  Las  furnished  substi- 
tute exempt,  ,  41 

When  entitled  to  discharge,  41 

Question  of  exemption,  how  determined,    41 

.      DISTILLATION. 

See  Spirituous  and  malt  liquors. 

DISTILLATION  OF  FRUIT. 

Act  for  relief  of  persons  engaged  in,  .  87 

When  person  may  appear,  87 
When  court  satisfied  as  to  failure  to  ob- 

tain  license,  ;  87 

Auditor  to  issue  warrant,  87-8 
Duty  of  sheriff,                                          .  i  88 

Duty  of  attorney  for  commonwealth,  88 

DISTRESS  FOR  RENT  PAYABLE  IN 

MONEY. 
Act  to  amend  act  amending  Code  so  as 
to  exempt  the  property  of  persons  in 
the  military  service  from,  56 

Act  of  1862  amended,  56 

No  legal  proceedings  against  persons  in 

military  service,  56 

Exception  as  to  criminal  cases,  56 


INDEX. 


147 


Exceptions,  56 

DISTRESS  FOR  TAXES. 
When  taxes  niay  be  distrained  for,  33 

DISTRICT  SCHOOL  HOUSES  IN 
HENRY. 

Act  authorizing  sale  of,  130 

Sale  authorized,  110 

Power  of  court,  110 

Proceeds  of  sale,  how  disposed  of,  110 

Court  to  appoint  commissioners,  110 

Bond  and  security  to  be  given,  110 

DIVIDENDS  OF  COMPANIES  NOT  IN- 
CORPORATED BY  THE  STATE. 
Tax  on,  5 


DIVIDENDS  OF  STEAM  BOAT 
SUCH  LIKE  COMPANIES. 
Tax  on, 


AND 


DOMESTIC  MANUFACTURES. 

How  taxed,  27 

DOUBLE  TAX, 

When  to  be  imposed,  25 

DURATION  OF  SESSION. 

Resolution  as  to,  123 

ELECTION  LAWS. 
Act  to  provide  for  voting  by  persons  in 

military  service,  &c.         •  71-75 

Where  persons  in  camp  may  vote,  72 

Commissioners,  how  appointed,  72 

Polls  for  members  of  congress,  &c.        .  72 

Polls  for  governor,  &c.  72 

Duty  of  commissioners,  72 

Polls,  where  sent,  72 

Refugees,  where  to  vote,  72 

Oath  to  be  taken,                        ,  73 

Poll  books,  how  transmitted,  73 

Code  amended,  73 

Duty  of  commissioners,  73 

Certificate,  how  written,  73 

When  officers  to  meet,  73 

Returns,  how  compared,  73 

Notice  given,  73 

Special  elections,  73 
Certified  statement  to  secretary  of  com- 
monwealth,                                             73-4 

Duty  of  secretary  of  commonwealth,  74 

In  case  of  tie,  governor  to  decide,  74 

Duties  of  governor  under  ordinance,  74 

Proclamation  of  governor,  how  made,    .  74 

Request  to  president,  74 

Result  of  vote,  how  forwarded,  74 
See  Elections  of  senators,  <Ssc. 
See  Representation  for  counties. 


ELECTIONS  OF  SENATORS  AND 
DELEGATES. 

Act  to  prescribe  mode  of  certifying, 

&c.  of 
When  commissioners  to  meet, 
Code  suspended, 


EXCHANGE  BANK. 

Act  authorizing  branch  of,  at  Richmond 

to  declare  a  dividend, 
Contribution  from  other  branches, 


83 
83 


EXEMPTION  FROM  MILITARY  DUTY 

See  Money  received  for. 

See  Discharge  from  active  service. 


ELECTION  OF  COUNTY  OFFICERS. 
See  County  officers. 


Tax  on, 


EXPRESS  COMPANIES. 


8-9 


FARMVILLE  INSURANCE  COMPANY. 

Act  to  incorporate,  93-95 

Company  incorporated,  93 

Insurance,  how  and  upon  what  made,  93 

Money  received  on  deposit,  93 

Investments,  how  made,  93 

Capital  stock,  94 

How  payable,  94 

Affairs  of  company,  how  managed,  94 

Officers,  how-appointed,  94 

Agents,  94 

Scale  of  voting,  94 

Dividends,  how  declared,  94 

Responsibility  of  stockholders,  95 

Commissioners,  95 

Restriction  as  to  bank  notes,  95 

FEES. 
See  Jailors'  fees,  and  Compensation  of  clerkB 


FENCE  LAW. 
Act  of  1862  amended, 
First  section  amended, 
Second  section  amended, 
Power  of  courts, 
Acts  of  county  courts  legalized, 

FIDUCIARIES. 

Act  authorizing,  to  invest  funds  in  cer- 
tain cases, 
When  fiduciary  may  invest  funds, 
In  what  funds  may  be  invested,      .    v 
As  to  joint  fiduciaries, 
Continuance  of  act, 
See  Compensation  of. 

FLOYD,  MAJ.  GEN.  J.  B. 

Thanks  to  Gen.  Floyd, 
Thanks  to  officers  and  men, 

FORMS  FOR  TAX  PAYERS. 
When  to  be  furnished, 

FREIGHTS  ON  RAIL  ROAD8. 

Act  requiring  rail  road  companies  to* 
give  receipts  showing  weight  of, 

Code  amended, 

Rates  of  transportation  on  persons  and 
produce, 

Rates  when  articles  weigh  less  than 
four  pounds, 

Receipts,  how  given, 

Weight  shown, 

Charge,  Lr  what  made, 


90 

90^ 

99-* 

90- 
90  4 


81 
81 
81 
81 
81 


125 
125 


24 


57 
% 

57 
57 
57' 


Taxes  on, 


FREE  NEGROES, 


14S 


INDEX. 


GAS  LIGHT  AND  OTHER  COMPA- 
NIES. 
Tax  on  charters  of,  5 1 

G  E  NE  R  ALA  SSEM  B  L  Y. 
A"t  to  secure  representation  in,  7J 

\Vlien  senators  or  delegates  may  bo 

admitted,  71 

When  writ  to  be  issued,  7J 

S  e  E'cctions  of  senators  and  delegates. 
But?   Representation  for  counties   when 

courthouses   in  possession  of  public 

enemy. 

GENERAL  AUCTIONEERS. 
Taxes  on  license  to,  If, 

GLEE  CLUB. 

See  Harmonic  association. 

GORDON  &  BROTHER. 
Act  for  udief  of,  111 

GRAZIERS  BANK. 
B'*e  Northwestern  Bank. 

HANCOCK,  J.  W. 

Appropriation  to,  35 

HARMONIC  ASSOCIATION. 

Act  incoiporaling,  J  i  I 

Company  incorporated,  111 

Eights,  powers.  &c.  ]  \z 

I'.operty  to  be  held,  112 

HAWKINS,  JOHN,  SEN. 

Act  concerning  estate  of,  ]  17 

.Act  of  18- 59  amend'  d  ;  stock  how  sold,  1 1? 

Investments,  how  made,  118 

HAWKERS  AND  PEDDLERS. 
Tax  on  license  to,  3C 

HENRY  COUNTY. 

See  District  school  houses. 

HOME  GUARD. 

Act  of  IS!)1?  as  to,  amended,  47 

Guard  du'y  of,  47 

]  >eserti-rs,  how  arrested,  .  •             47 

When  major  may  be  e'eeted,  4/ 
I'roviso  as  to  troops  being  sent  out  of 

county,  47 

HORSES   AND   MULES,  SOLD   FOR 

PROFIT. 
Tax  onAjense,  20 

HOSPITALS  (LAND.  HOW  CONDEMI# 
ED  FOR). 

Act  authorizing  county  courts  to  con- 

•   drum   and  for,  f.l 

Code  amended,  (j'j 

Powers  of  court  or  council,  (>^ 

1,  oids  and  houses,  how  condemned,  fi'J 

Limitation,  <> ' 

l'roviso  as  to  dwelling  houses,  G9 

HOYER  &  LUDVYIG. 
Appropriation  to, 


HUME,  W.  M. 
Act  for  relief  of, 
Appropriation, 
Amount, 

App.opriation  to, 

IMPRESSMENT. 

Preamble  and  lesolut.on  of  iuotruc- 
tiou  to  senators  as  to, 


J  lft 
J 18 

118 
3l> 


123-4 


IMPRESSMENT  OF  SLAYES. 
^ee  Public  defence,  and  43-7 


INCOME. 


fax  on, 


INSOLVENTS. 
Taxes  of,  how  collected, 

INSPECTION  OF  FLOUR. 
Established  at  Danville, 

INSPECTOR  OF  SALT. 
Act  to  authorize  appointment  of, 
Inspector,  how  appointed, 
Salt  to  be  inspected, 
Rules  and  regulations,  how  prescribed, 
Deputies,  how  appointed, 
Repealing  clause,  .  , 


28 


01 


55 
56 


INSPECTION  OF  TOBACCO. 

Established  at  Danville,  91 

INSURANCE  COMPANIES. 

Tax  on  license  to,  20 

INSURANCE  AND  SAVINGS  SOCIETY 
OF  PETERSBURG. 

Act  to  incorporate,  95 

Company  incorporated,  95 

Privileges  of  company,  9 ,i 

Capital  siock,  9J 

How  paid,  9l> 

Meeting,  when  called,  9j 

Presi  lent  and  directors,  how  appointed,  9  > 

Manageo  ent,  9J 

Vacancies,  how  fired,  9J 

(juiiium  in  meetings  of,  9 » 

Compensation  of  president,  9/ 

Secretary  and  officers,  how  appointed,  97 

B  »iid  and  security  to  be  given,  97 

Assignment  ot  stock,  97 

Authority  to  make  insurance,  97 

Money  received  on  depi  sit,  97 

Proviso  as  to  bank  notes,  97 

Effect  of  policies  of  insurance,  97 

Dividends,  how  deviated,  97 

General  meetings,  93 

Agents,  how  appointed,  98 

Corporation  subject  to  repeal,  98 

INTERIOR  GUARD  AT  PENITEN- 
TIARY 

Act  increasing  compensation  of,        „  Ot 

Code  amended,  Gl 

Compensation  of  guard,  Gl 


INTERNAL  IMPROVEMENTS. 

'60    Tax  on,  7-3 


JAILORS'  fees. 
Act  concerning, 
Act  of  18  te  iimcndtd, 
Jailors'  fees, 
Powers  of  courts, 

.TAILS  OF  THE  STATE. 
Aet  ns  to  u.-e  of,  by  conledeiate  govern- 
ment, 

When  persons  arrested  under  eonfude- 

late  laws  may  be  committed,  E 

Proviso, 
It  es  of  jailors, 
Duty  ol  jailors, 
Continuance  ot  act, 


INDEX.  1 4D 

Officers  of  separate  military  organiza- 


51 

1.-2 
%'i 

r« 

h-4 


JUDICIAL  CIRCUIT  (FOURTEENTH). 

Aet  changing  tonus  of  courts  in,  77 

Aet  of  ioo4  amended,  77 

Terms  of  courts,  77 


JUNIOR  MAJORS. 
Act  for  payment  of, 
"When  iu  be  paid, 

KEAN,  PATRICK. 
Appropriation  to, 


49 
49-5u 


33 


LAIDLEY,  JAMES  M.  &  AL. 
Let  f  r  ic.iei  of,  1 13 


ti   ns. 
See  Junior  majors. 


49 


MANUFACTURING  COMPANIES. 
Tax  on  charters  of,  ib'-ll 

MANUFACTURERS  OF  POUTER, ALE 
AND  IJEKR. 

Tax  on  license  to,  19 

MATTHEWS,  T    S.  A. 
See  Laidley,  Jan.es  M. 

MEDICINES. 

License  for  sale  of,  17 

MERCHANTS. 
License  to  sell  aid*  nt  (-pints,  H-15 

MERCHANT   WHO   IS   A   BEGINNER. 
Tax  on  license  to,  ~8-i) 

.  MERCHANT  TAILORS. 
Tax  on  license  to,  15 


Mil  L  SWAMP  PRECINCT. 
Act  establishing,  in  Isle  of  Wight, 


119 


MINERS  AND  MANUFACTURERS. 


Aiuiitor  authorized  to  make  settlement,      1 13  j  Licence  to,  and  tax  on. 
Damages,  lelea^ed,  3  13 

Auditor,  when  to  refund,  11 J 


LANDS  AND  LOTS. 
Taxes  on,  3 

LICENSES. 

To  whom  not  to  issue,  21 

How  granted,  2? 

Prohibition  of  sa'e  of  ardent  spirits,  &c.  27 

LICENSED  PRIVILEGE. 
Where  exercised,  2 1 

LIMITATION  OF  LICENSE. 
License,  how  hauled,  21 

LITTLETON,  THOMAS. 

Aet  for  relief  of,  116 

Preamble,  116 

Auditor  to  pay  account,  116 

LISTS. 
How  made  out,  and  I'm  whom,  31 

LIVELY,  E.  II. 
Appropriation  to,  36 

LIVERY  STABLES. 

Tax  on  license  to,  H3 

LV  BROOK,   S.  E. 
Act  for  relief  of,  119 

LYNCHBURG. 
See  Council  of. 

MAJOR. 

Act  allowing  but  one  to  a  regiment,  49 


MISDEMEANORS. 
Aot  to  extend  time  lor  prosecution  of, 
in  certain  eases,  73 

MONEY  RECEIVED  FOIf  EXEMPTION 

FROM  MILITARY  DUil. 
Aet  to  reiuud, 
Preamble,       • 

When  money  to  be  refunded, 
When  sheriff'  ma\  leiund, 
Act  of  186:5  an. ended, 
When  auditor  to  issue  warrant, 
Cost-, 

Act  of.  1833  amended. 
When  warrant  to  issue, 


47 
47 
-8 
48 
48 
48 
48 
49 
49 


NEGKO   AUCTIONEERS. 
Tax  on  license  to, 


1G 


NORTHWESTERN  BANK  AT  JEFFER-. 
SONVILLE. 

Act  amending  act  converting,  into  sepa- 
rate bask,  84 
Act  of  183J  amended,                                  81 
When   loyal   stockholder  may   demand 
— tiansfer,  84 
Wrtifica'e  of  stock,  Low  returned  and 
assigned,  84 

OATH  TO  SUPPORT  USURPED 
GOVERNMENT. 
Act  concerning  others  of   state  who* 

have  taken,  88 

What,  when  oath  taken  by  officer,  88 

Acts  to  tie  void,  88 

To  whom  act  applies,  88 

i  'ath  or  aifiimation.  how  taken,  88 

Record  evidence  not  required,  89 


150 


INDEX. 


OFFICERS  OF  PENITENTIARY. 

Act  increasing-  salaries  of  certain,  61 

Code  amended,  ;  61 

Salary  of  superintendent,  61 

Salary  of  assistants,  61-2 

Salary  of  surgeon,  62 

Directors,  62 

Clerk,  salary  of,  62 

Time  act  continues,  62 


ORDINARIES. 
Tax  on  license  to, 


12 


OUTLINE  OF  TAX  BILL. 

Resolution  directing  auditor  to  prepare,     128 

PARIS,  WILLIAM. 

Act  for  relief  of  securities  of,  114 

Act  amending  act,  114 

Relief  to  securities;  damages  refunded,  114 

Act,  how  construed,  114 

Money,  how  refunded,  114 

*  PASSPORTS  FOR  MEMBERS. 

Resolution  requesting  governor  to  ap- 
ply for,  123 

Governor  requested  to  apply  for  pass- 
ports  fur  state  officers,  123 


PATENT  RIGHTS. 
Tax  on  license  to  sell, 

PENALTIES. 
For  failure  to  obtain  license, 
How  recoverable, 

PENDLETON,  J.  D. 
Appropriation  to, 

PERSONAL  PROPERTY. 
Taxes  on, 
What  exempt  from  taxation, 

PHYSICIANS  AND  OTHERS. 
Tax  on  license  to, 

PIERCE,  W.  H. 
Appropriation  to, 


J? 


38 


3-4 

29-30 


20 


3b 


POPULATION  OF  COUNTIES,  CITIES 
AND  TOWNS. 

How  estimated,  29 

PRINTER  TO  SENATE. 

Act  amending  Code,  to  compensate,  61" 

Code  amended,  61 

Annual  salary  of  printer,  61 

Extra  work,  when  paid  for,  6L 


PRIVATE  CORPORATIONS. 
Tax  on, 


11 


PRIVATE   ENTERTAINMENT. 

Tax  on  license  for,  11 


Tax  on, 


PROFITS. 


6-7 


PROSPECT  TAN-YARD  COMPANY. 

Act  to  incorporate,  104 


Company  incorporated, 
Name  of  company, 
K'ights  and  privileges, 
Power  to  purchase  real  estate, 
Capital, 


104 
104 
104 
104 
104 


Taxes  on, 


PUBLIC  BONDS. 


PUBLTC  DEFENCE  (SLAVES). 
Act  to  provide  for,  42-46 
Act  of  1862  amended,  42 
Slaves,  how  called  into  service  of  Con- 
federate States,  42 
Time  of  service,  42 
How  apportioned,  42 
When  governor  may  exempt  counties,  42 
Persons,  how  exempted,  42 
Monthly  allowauce  for  slaves,  42 
Value  of,  when  paid   by  confederate 

government,  42 
Compensation  for  injuries,                         42-3 

Burden  of  proof,  43 

Hired  slaves,  how  regarded,  43 

Notice  of  requisition,  43 

Duty  of  clerks  of  courts,  43 

Duty  of  sheriffs,  43 
Number  of  slaves   subject  to   requisi-  • 

tion,  how  ascertained,  43 

Apportionment,  how  made,  43 

Proviso  as  to  soldiers  and  widows,  43 

When  slaveholder  not  exempted,  43 

How  slaves  delivered,  44 

When  returned,  44 

How  seized,  and  when,  44 

Expenses,  how  paid,  44 

Fine  for  withholding  slaves,  44 

Sheriff  to  report  delinquents,  44 

Fine  and  execution  therefor,  44 

Detail  of  slaves,  how  made,  44 

Clerk  and  sheriff  to  attend  court,  44 

Duty  of  clerk,  44 

Duty  of  governor,  45 

Number  of  slaves,  45 

Receipts,  how  given,  45 

Fee  of  sheriff,  45 

Requisition  to  be  equalized,  45 
When  number  and  time  of  service  to  be 

forwarded,  45 
Slaves   to  be  in  charge  of  overseer  or 

agent,  45 

How  discharged.  46 

Subsistence,  46 

Slaves  sent  voluntarily,  46 

Act  to  be  communicated  to  president,  46 

Twelfth  section  of  act  amended,  46 

How  amended,  46 

As  to  impressments,  46 
Title  amended,  46-7 
Resolutions  suspending  act  of  1862  as 

to  certain  counties,  122 

PUBLIC  POUND  IN  HENRICO. . 

Act  authorizing  establishment  of,  110 
Court  to  establish  public  pound,              ■  110 

What  animals  to  be  confined,  110 

Keepers  to  be  appointed,  110 

Expenses,  how  defrayed,  110 

Fines  imposed,            .  110 

When  stock  to  be  sold,  111 


INDEX. 


151 


Where  to  be  sold,  111 

How  bills  of  expenses  to  be  assessed,  1  1 1 

What,  amount  to  be  paid  owners,  1 1 1 

Proviso,  111 


PUBLIC  SHOWS,  &c. 
Tax  on  license  to, 


19 


RANDOLPH  MACON  COLLEGE. 

Act  amending  act  authorizing  a  military 

school  at,'  109 

Act  amended ;  section  as  amended,  109 

REAL  ESTATE  AUCTIONEERS. 
Tax  on  license  to,  16 


RECEIPTS  IN  TREASURY. 
Tables  showing, 


140 


RECORD  OF  NAMES  AND  DEEDS  OF 
CONSPICUOUS  MERIT  OF  VIRGI- 
NIANS IN  MILITARY  SERVICE. 

Resolutions  authorizing  county  courts 
to  prepare,  130 

Court  authorized  to  purchase  and  pre- 
serve book  of  record,  130 

Adjutant  general  to  prepare  books,  130 

REDRESS  AGAINST  NEW  ASSESS- 
MENTS. 
See  26 

REFRESHMENTS  IN  THEATRES. 
Tax  on  license  for  sale  of,  18 

REPORTS  OF  CHARTERED  COM- 
PANIES. 

When  to  be  made  to  auditor,  29 

REPRESENTATION   FOR   COUNTIES, 

COURTHOUSES  BEING  IN  POSSES- 
SION OF  THE  ENEMY. 
Act  to  provide,  75-6 

Where  districts   partially  in  power  of 

enemy,  75 

When  el«ctions  cannot  be  held  at  court- 
houses, what,  76 
Duty  of  conductor,  76 
Duty  of  secretary  of  commonwealth,  76 
Time  within  which  to  perform  duties,         76 

RICHMOND. 

See  Council  of. 

RICHMOND  IMPORTING  AND  EX- 
PORTING COMPANY. 

Act  to  incorporate,  102 

Company  incorporated,.  102 

Corporate  name,  102 

Capital,       ■  102 

Affairs  of  company,  how  managed,  Iu2 

Proviso,  102 

Act  amending  act,  103 

Company  incorporated,  103 

Corporate  name;  powers,  103 

Capital,  103 

Affairs,  how  managed,  103 

. ROANOKE  VALLEY  RAIL  ROAD. 

Act  for  sale  of,  85 


Power  to  sell,  85 

Notice  of  .sale,  85 
Sale  subject  to  approval  of  board  of 

public  works,  85 

Proviso  as  to  validity  of  sale,  85 

Proceeds  of  sale,  85 

ROCKBRIDGE  INSURANCE 

COMPANY. 

Act  to  amend  charter  of,  101 

Act  of  1861  amended,  101 

Twelfth  section  amended,  102 

SALE  OF  ARDENT  SPIRITS  IN 
THEATRES. 

Tax  on  license  for,                   .  18^-19 

SALE  OF  PORTER,  ALE  AND  BEER. 

Tax  o*n  license  for,  19 

SALT  (PRODUCTION  AND  DISTRI- 
BUTION OF). 
Act  to  provide  for,  52^55 
Superintendent  of  salt  works,  52 
How  elected,  52 
How  removable,  ■  52 
Bond,  how  given,  52 
In  case  of  vacancy,  52 
Duties  of  superintendent,  52-3 
Powers  of,  53 
Board  of  supervisors,  53 
Leases,  how  confirmed  and  continued,  53 
Exception,  53 
Other  furnaces,  53 
Assistants,  how  appointed,  53 
Salaries  of,  »  53 
Control  of  transportation,  53 
Salt,  how  distributed,  53 
Value  of  impressed  property,  bow  ascer- 
tained, 53-4 
Dirty  of  assessors,  54 
How,  in  case  owner  refuse  to  appoint 

assessor,  54 
Assessors  of  real  property,  how  appoint- 
ed, 54 
Appeal,  when  allowed,  54 
No  injunction  to  be  granted,  54 
Valuation,  how  paid,  54 
Salt,  how  sold  and  delivered,  54 
Price,  how  fixed,  54 
Surplus,  how  disposed  of,  ■  55 
Monthly  reports  of  superintendent,  55 
Monthly  reports  of  board  of  supervi- 
sors, 55 
Amount  appropriated,  55 
Repealing  clause,  55 


SAMPLE  MERCHANTS. 

Tax -on  license  to, 


17 


SAVINGS  BANKS  AND  INSURANCE 

COMPANIES. 

Taxes  on,  5 

SAVINGS  INSTITUTIONS. 

Tax  on  charters  of,  11 

»       SAUNDERS,   ROBERT. 
Appropriation  to,  36 


1-52 


INDEX. 


T:ix  on, 


SEALS. 


C-IO 


SENATORS  AND  DELEGATES. 
See  Election  of. 

SEPARATE    ELECTION   PRECINCTS. 
Sic  Table  of,  i,_>i-J 

SEQUESTRATION  LAWS. 
Tax  on  estates*  passii  g  under,  7 

SERGEANTS  OF  RICHMOND  AND 
PETERSBURG. 

Act  for  relief  of,  ]I7 

Relief  gianted,  ]  )7 

Amount appropriated,  .1 17 

Proviso.  117 


SHERIFFS'  BONDS. 
Act  concerning, 
Code  amended 
ftouds  of  Sheriffs,  &c. 
An  omit  of  liond, 

When  security  deemed  insufficient, 
Auditor  may  petition, 
New  hi.iid, 
"When  court  to  remove  officer, 

SH K RIFFS'  COMM 1SSI0NS. 
On  taxes  otliur  than  licenses, 

SLAVES. 
Bought  or  sold  for  on. tit. 
Number  of,  escaping  to  enemy,  how 

ascertained, 
See  Public  defence. 


62 

(5; 
iSi 

6J 

t>:i 


30-31 


SLAVES  AND  SIMILAR  SUBJECTS. 

How  taxed,  lib 

SOUTHERN  FEMALE  COLLEGE  OF 
PETERSBURG. 

Act  to  iucorpoiate,  1C8 

Institution  incoi  pointed,  U;s 

Trustees  to  hold  property,  iocs 

31  oW  managed,  108 

Quoiuin,  1(18 

How  vacancy  fill  d,  1UH 

Ticasiuei'  to  leteive  moneys,  Jtti 

To  give  bond,  1U9 

Amount  ol  joint  stock  subscription,  109 

1'ivideuds,  lltj 

Power  to  collect  subscriptions,  lo9 


SPOTSYLVANIA  COUNTY. 

Act  to  legalize  proceedings  ut  court  of,  103 

I'n  amble,  ]ui> 

Proceedings  legalized,  loo* 

STATE  TROOPS  AND  RANGERS. 
Act  transferring,  to  confederate  goveru- 

n.ent,  39-41 

Goveini  r  directed  to  transfer,  "50 

I'mler  what  acts.  Mi) 

When  langeis  n.ay  elect  major,  i5J 

Company  officers   how  elected,  40 

Maitalioi.s  and  legm  cuts,  lu>w  formed,  40 

Field  officers,  liow  chosen,  4J 

Battalions,  when  formed,  40 

What  tieiil  officers  discharged,  40 
How  regiments,  «fce.  u.tiateied  into 

seivice,  40 
How  leci  ived,  40 
Who  ma}'  be  discharged,  40 
Inventoiy  of  arms,  &e  ,  how  taken,  4J 
How  iransli-rred  to  coniederate  govern- 
ment, 40 
Statit*  oftio  is,  how  appointed,  4U 
Anns,  &.C.,  how  valued,  40 
Va. nation,  how   paid    by    confederate 

government,  41 

Enlistments,  when  to  ceaae,  41 
Payments  of  ti  oops  not  allowed  after 

transfer,  41. 


"Wlun  pay  and  radons  not  to  be  received,  41 

13 


STALLIONS. 
Tax  on  license  to  owners  ol, 


STATEMENT  OF  RAIL  ROAD 

Or  llCERS, 

How  made,  8 

STUART,  BUCHANAN  &  CO.  (SALT). 

Resolution  confirming  oout.act  wnh,         liJ 

127-sill 
V47 
\-£l 
]s>7 
}z7 
Wi 
1*3 
1*3 
1*8 
U6 
Ul 
V4i 


Contract, 

Pal  ties. 

Term  of  lease, 

Description  ot  real  property, 

Furnaces, 

Salt  water, 

Personal  property, 

Wa»  s  to  furnaces, 

Ai  bitiatioii, 

Payments,  how  made, 

tMgnatutes, 

Contract  confirmed, 


SUBSTITUTES. 
See  Discharge  horn  active  military  service. 


Tax  on, 


SUITS. 


SUTLERS. 

Tax  on  license  to, 


S'»UTH  SIDE  RAIL  ROAD  COMPANY. 
Act  to  convert  into  stock  interest  due 

by.  to  state,  8u 

Amount  t  f  interest  to  be  converted,  8o 

Proviso  us  to  pretiiied  stock,  rt.i 

Time  of  con  in 'iicemelrt  and  comple- 
tion of  woi.k,  8.1  j 

TAXES. 
SPIRITUOUS  AND  MALT  LIQUORS.     Act  imposing, 
Act  to  amend  act  of  iti-u,  66  j  On  persJus  and  property 

Distillation  prohibited,  86  ;  Bi  ik  charters,  tax  on, 

Penalties,  8/  j  Baak  dividends,     " 

Pr  viso  as  to  existing  contracts,         *         87    IVyikI*.  public,         " 


9 
'23 

•3-:]  I 

10 

4 
4 


See  A.coliol. 


Chatters  of  gas  companies,  &c,  tax  on,     11 


IXDES. 


153 


Charters  of  manufacturing  companies, 

tax  on,  •  '  10-]I 

Charter*  of  private  corporation:;,  tax  on,     1 1 
Charters  of  .savings  banks,  "  11 

Collateral  inheritances,  7 

Deeds,  "  JO 

Dividend*   of   companies   not   incorpo- 
rated by  this  state,  tax  on,  5 
Dividends  of  steam  boat  and  such  like 

companies,  tax  oir,  4-5 

Estates  sequestered,  tax  on,  7 

Express  companies,       "  8-9 

Free  negroes,  "  4 

Income,  "  5-6 

Internal  improvement  companies,  tax  on,  7-8 
See  Statement  of  rail  road  officers. 
Lands  and  lots,  taxes  on,  3 

Personal  property,      "  3-4 

Profits,  "  ■    6-7 

Kate  of  taxes  on  profits,  6-7 

liedress  against  erroneous  assessment,  6 

Savings  banks  and  insurance  companies, 

taxes  on,  5 

Seals,  9-10 

Suits,  9 

Statement  of  rail  road  officers,  8 

Toll  bridges  and  ferries,  taxes  on,  7 

Transfer  of  statu  stock,  "  10 

Unorganized  companies,         "  1  i 

"White  males,  '*  4 

Wills  and  administrations,      "  10 

Licenses. 
Agents,  book,  17 

Agents  for  hiring  negroes,  18 

Agents  for  icutiug  bouses,  18 

Ardent  spirits,  to  distill  or  rectify,  13-14 

Attorneys  at  law — See  Physicians. 
Auctioneers,  general,  15-16 

Auctioneers  of  negroes,  16 

Auctioneers  of  real  estate,  16 

Auditor,  power  of,  to  reform  assessments,  23 
See  Miners  and  manufacturers. 
Bagatelle  tables,  13 

Barbers,  21 

Billiard  tables,  12-13 

Bowlingalleys,  •     12 

Brokers,  $  19 

Carriages,  buggies,  &c.  20 

Certificate  ot  commissioner,  when  license,  23 
Commission  merchants,  15 

Commissioner  to  return  obligations  to 

auditor,  when,  22-3 

Commissioner,  when  liable,  '23 

See  Mmers  and  manufacturers. 
Common  crier,  16 

Cook  shops  and  eating  houses,  12 

Daguerreian  artists,  20 

Hawkers  and  peddlers,  21 

Horses,  mules,  &c.  sold  for  profit,  20 

Insurance  companies,  2d 

License,  to  whom  not  to  be  issued,  21 

License  to  commence  business  as  manu- 
facturer, 22-3 
Livery  stables,  13 
Manufacture  of  porter,  &c.  19 
Medicines,  17 
Merchants,  ,14 
Merchant's  commission.  15 
Merchant's  license  to  sell  ardent  spirits,  14-15 
Merchants,  sample,  17 
11 


Merchant  tailors. 

Miners  and  manufacturers, 

Penalty  for  failure  to  obtain  license. 

Kate  of  taxation  on, 

License  to  commence  business, 

How  enforced, 

Certificate,  when  license, 

Tax,  when  quadrupled, 

Assessment,  how  reformed, 


15 
21 -2 
22 
22 
22 
23 
23 
'  23 
23 


Commissioner  liable  for  false  certificate,  23 

Ordinaries,  12 

Patent  rights,  17 
Penalt  es  on  manufacturers  for  failing  to 

obtain  license,         .  22 

Physicians,  attorneys  at  law,  &c.  20 

Private  entertainments,  12 

Public  shows,  &c.  17 

Kate  of  taxation  on  manufactures,  22 

Refreshments  in  theatres,  Iw 

Sales  of  ardent  spirits  in  theatres,  18 

Sale  of  porter,  ale  and  beer,  19 

Slaves  bought  or  sold  for  profit,  21 

Sial  lions,  18 
Telegraph  companies,                              20-21 

Theatrical  performances,  17 

General  provisions. 
Agricultural  productions,  when  taxed,     28-7 

Aliens,  how  licenses  may  issue  to,  31 

Auditor  to  publish  section  of  act,  33 
Banks  and  insurance  companies  to  report 

to  auditor,  23 
Commissions  to  sheriffs  and  collectors  on 

license  tax,  32 
Commissions  to  sheriffs,                           30-31 

Commissioner's  compensation,  '61 
Confederate  States  treasury  notes,  what 

receivable,  33 
Corporation  tax  on,  23 
Deduction  from  commissioner's  compen- 
sation, 25 
Deputy  collectors,  how  appointed,  33 
Domestic  manufactures,  how  taxed,  .  27 
Double  tax,  when,  25 
Effect  of  change  of  firm,  27-8 
Erroneous  assessment,  23 
Forms  for  tax  payers,  21 
Insolvents,  how  collected,  28 
Licenses,  how  granted,  27 
License  to  sutlers,  &c.  28 
License  to  merchant,  a  beginner,  28-9 
License,  where  exercised,  24 
Limitation  of  license,  24 
List  for  auditor,  clerk,  &c,  fees  of  com- 
missioner for,  31 
Market  value  of  stocks  to  be  taxed,  24 
Number  of  slaves  escaping  to  be  as- 

Yertained,  31 
Personal  property  exempt,                      29-30 

Penalty  for  lVduie  to  obtain  license,  "24 
Penalties, .how  recoverable,                       32-3 

Population  of  counties,  how  estimated,    •  29 

h'edress  against  new  assessment,  26 

Slaves  and  similar  subjects,  how  taxed,  25 

Tax  on  corporations,  23 

Tax  tickets.  24 
Taxes,  when  distrained  for,                       33-4 

Value  of  lauds  and  lots  not  to  be  changed,  25 

When  may  be  changed,  26 
When  agricultural  productions  to  be 
taxed,                                                    26-7 


154 


INDEX. 


When  double  tax  imposed,  25 

When  forms  to  be  furnished,  24 

Wheu  tax  tickets  to  be  made  out,  24 

When  taxes  may  be  distrained  tor,  33 

Where  license  privilege  to  be  exercised,  24 

TAX  BILL. 

Resolution  explanatory  of,  126 

TAX  TICKETS. 

When  to  be  made  out,  24 

TELEGRAPH  COMPANIES. 

See  Tax  bill,                    •  126 

License  to,  17 


TERMS  OF  COURTS. 

Tables  showing, 


137-3J 


THEATRICAL  PERFORMANCES. 

Tax  on  license  for,  IS 

THORNTON,  S.  T. 

Act  for  relief  of,  112 

Preamble,  112 
Court  to  authorize  removal  of  slaves,        1  i2 

Proviso,  112 

Bond  and  security,  1  i  2 

To  report  to  court  annually,  112 

Court  may  require  new  bond,  112 

Penalty  for  failure  to  give  bond,  112 

TOBACCO. 

Act  to  limit  production  of,  70-71 

Preamble,  70 

Production  of  tobacco  limited,  7U 

Number  of  plants  to  each  hand,  70 
List  of  field  hands  to  be  rendered  on  oath,  70 

Proviso  as  to  crop,  70 

Liat,  how  returned,  70 

Penalty  for  violating  1st  section,  70 

AmouutNof  tine,  70 

Forfeiture,  how  disposed  of,  .  70 

Penalty  for  violating  2d  section,  71 

Duties  of  judges  and  attorneys,  •    7J 

Duty  of  commissioners,  71 

Continuance  of  act,  71 

TOBACCO  INSPECTORS  (FEES  OF). 

Act  increasing;  Code  amended,  o.7 

Fees  to  inspectors,  5d 

Continuance  of  act,                   .  58 


Tax  on, 


TOLL  BRIDGES. 


TRANSFER  OF  STATE  STOCK. 


Tax  on, 


10 


-       TRANSFER  OF  PRISONERS. 
Transfer  directed, 


121 


TRANSPORTATION  OF   SALT. 
On  rail  roads  and  canals,  126 

TRIAL. 

See  Circuit  courts. 

UNORGANIZED  COMPANIES. 
How  taxed,  11 

USURPED  GOVERNMENT. 

See  Oath  to  support,  88 

VALUE  OF  LANDS  AND  LOTS. 

Not  generally  to  be  changed,  25 

When  may  be  changed,  25 

VIRGINIA  MILITARY  INSTITUTE. 

Act  amending  2d   and  5th  sections  ot 

chapter  34  of  Code,  60 

Code  amended,  60 

Board  of  visitors,  how  appointed,  60 

Board  a  corporation,  60 

Code  amended,  60 

Expenses  of  board,  60r 

Preamble  and  resolutions  as  to  disorderly 

practices  at.  122 

Condemnation  expressed,  122 

Insti  action  to  officers,  122 

Disapprobation  of  conduct  of,  122 

Requhenient  of  officers,  122 

Duty  of  officers,  122 

VIRGINIA  SOLDIERS. 

See  Agency  for  receiving  and  forward- 
ing supplies  to. 

VOTING  BY  SOLDIERS. 

See  Election  laws. 

WHITE  MALES. 
Tax  on,  %      ...     4 

WILLS  AND  -ADMINISTRATIONS. 

Taxes  on,  10 

WOMEN  OF  VIRGINIA. 

Resolution  in  honor  of,  121 

Patriotism  appreciated,  Ml 

Regarded  with  highest  admiration,  121 

Resolution  to  be  entered  on  ;  >utUit!s,  X4L 


ZARVOVA,  COL. 

See  Transfer  of  prisoners. 


R.  T. 


THE 


MEf 


With  the  amended 


ILL    OF    RIGHTS 


AS  Adopted  by  the 


REF.OftM  CONVENTION  OF  1850-51 


And  amended  5by 


the  convention  of  iseo-ei* 


When,  on  the  15th  of  May  1776,  the  Convention  of  Virginia  instructed  thoir  delegates 
in  Congress  to  propose  to  that  body  to  declare  the  United  Colonies  free  and  independent 
States,  it,  at  the  same  time,  appointed  a  committee  to  prepare  a  declaration  of  rights  and 
such  a  plan  of  government  as  would  be  most  likely  to  maintain  peace  and  order  in  the  Co- 
lony and  secure  substantial  and  equal  liberty  to  the  people.  On  subsequent  days  the  com- 
mittee was  enlarged;  Mr  George  Mason  was  added  to  it  on  the  18th.  The  declaration  of 
rights  was  on  the  27th  reported  by  Mr.  Archibald  Gary,  the  chairman  of  the  committee, 
and,  after  being  twice  read,  was  ordered  to  be  printed  for  the  perusal  of  members.  It  was 
considered  in  committee  of  the  whole  on  the  29th  of  May  and  the  3d,  4th,  5th  and  10th  of 
June.  It  was  then  reported  to  the  house  with  amendments.  On  the  11th  the  convention 
considered  the  amendments,  and  having  agreed  thereto,  ordered  that  the  declaration  (with, 
the  amendments)  be  fairly  transcribed  and  read  a  third  time.  This  having  been  done  on 
the  12th^  the  declaration  was  then  read  a  third  time  and  passed  nem.  con.  A  manuscript 
copy  of  the  first  draft  of  the  declaration,  just  as  it  wSs  drawn  by  Mr.  Mason,*  is  in  the 
library  of  Virginia.  The  declaration  as  it  passed  was  adopted  without  alteration  by  th« 
Convention  of  1829-30,  and  re-adopted  with  amendments  by.  t lie  Convention  of  1859-51, 
and  as  amended  is  as  follows :  t 
/   • 

A  Declaration  of  Rights  made  by  the  Representatives  of  the  good  people  of  Vir- 
ginia, assembled  in  full  and  free  Convention,  which  rights  do  pertain  to  tficm 
and  their  posterity  as  the  basis  and.  foundation  of  government. 

1.  That  all  men  are  by  nature  equally  free  and  independent,  and  have  certain 
inherent  rights,  of  which,  when  they  enter  into  a  state  of  society,  they  cannot,  by 
any  compact,  deprive  or  divest  their  posterity.;  namely,  the  enjoyment  of  life  and 
liberty,  with  the  means  of  acquiring  and  possessing  property,  and  pursuing  and 
obtaining  happiness  and  safety. 

2.  That  all  power  is  vested  in,  and  consequently  derived  from,  the  people;  thai 
istrates  are  their  trustees  and  servants,  and  at  all  times  amenable  to  them. 


3,  That  government  is,  or  ought  to  be,  instituted  for  the  common  benefit,  pro- 
tection and  security  of  the  people,  nation,  or  community:  of  all  the  various  modes 
and  forms  of  government,  that  is  best,  which  is  capable  of  producing  the  greatest 
degree  of  happiness  and  safety,  and  is  most  effectually  secured  against  the  danger 
of  mal-administration  ;  and  that,  when  any  government  shall  be  found  inadequate 
or  contrary  to  these  purposes,  a  majority  of  the  community  hath  an  indubitable, 
unalienable,  and  indefeasible  right,  to  reform,  alter,  or  abolish  it,  in  such  manner 
as  shall  be  judged  most  conducive  to- the  public  weal. 

4.  That  no  man,  or  set  of  men,  are  entitled  to  exclusive  or  separate  emoluments 
or  privileges  from  the  community,  but  in  consideration  of  public  services;  which 
not  being  descendible,  neither  ought  the  ofures  of  Magistrate,  Legislator,  or  Judge, 
£o  be  hereditary. 

*  Va.  Hist.  Reg  Jan.  184!) ,  p  29. 

tSee  Acts  1852,  p.  320-21.  'Sections  amended  are 5,  G, 8  and  11.  The  Bill  of  Kig-M*  ax  orijioallypa?*^ 
ia  found  in  the  Revised  Code  of  1819,  p.  31-2,  aad  Code  of  1849,  p  32,  33,  34,  1st  iditioa, 


4  VIRGINIA    BILL    OF    RIGHTS. 

*5.  That  the  legislative,  executive  and  judicial  powers  should  he  separate  and 
distinct;  and  that  the  members  thereof  may  he  restrained  from  oppression,  by  feel- 
ing and  participating  the  burthens  of  the  people,  they  should,  at  fixed  periods,  be 
reduced  to  a  private  station,  return  into  that  body  from  which  they  were  originally 
taken,  and  the  vacancies  he  supplied  by  frequent,  certain,  and  regular  elections, 
in  which  all,  or  any  part  of  the  former  members,  to  be  again  eligible,  or  ineligible, 
as  the  laws  shall  direct. 

f  6.  That  all  elections  ought  to  be  free :  and  that  all  men,  having  sufficient  evi- 
dence of  permanent  common  interest  with,  and  attachment  to,  the  community, 
have  the  right  of*suffrage.  and  cannot  be  taxed  or  deprived  of  their  property  for. 
public  uses,  without  their  own  consent,  or  that  of  their  representatives  so  elected, 
nor  bound  by  any  law  to  which  they  have  not,  in  like  manner,  assented,  for  the 
public  good. 

7.  That  all  power  of  suspending  laws,  or  the  execution  of  laws,  by  any  autho- 
rity, without  the  consent  of  the  representatives  of  the  people,  is  injurious  to  their 
rights,  and  ought  not  to  be  exercised. 

J8.  That,  in  all  capital  or  criminal  prosecutions,  a  man  hath  a  right  to  demand 
the  cause  and  nature  of  his  accusation,  to  be  confronted  with  the  accusers  and 
witnesses,  to  call  for  evidence  in  his  favor,  and  to  a  speedy  trial  by  an  impartial 
jury  of  twelve  men  of  his  vicinage,  without  whose  unanimous  consent  he  cannot 
be  found  guilty;  nor  can  he  be  compelled  to  give  evidencaagainst  himself;  that 
no  man  be  deprived  of  his  liberty,  except  by  the  law  of  the  lanfl  or  the  judgment 
of  his  peers. 

9.  That  excessive  bail  ought  not  to  be  required,  nor  excessive  fine&  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

10.  That  general  warrants,  whereby  an  officer  or  messenger  may  be  commanded 
to  search  suspected  places  without  evidence  of  a  faci  committed,  or  to  seize  any 
person  or  persons  not  named,  or  Avhose  offence  is  not  particularly  described  and 
supported  by  evidence,  are  grievous  and  oppressive,  and  ought  not  to  be  granted. 

11.  That,  in  controversies  respecting  property,  and  in  suits  between  man  and 
man,  the  ancient  trial  by  jury  of  twelve  men  is  preferable  to  any  other,  and  ought 
to  be  held  sacred.  T 

12.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks  of  liberty,  and 
can  never  be  restrained  but  by  despotic  governments. 

13.  That  a  well  regulated  militia,  composed  of  the  body  of  the  people,  trained 
to  arms,  is  the  proper,  natural  and  safe  defence  of  a  free  state ;  that  standing  ar- 
mies, in  time  of  peace,  should  be  avoided,  as  dangerous  to  liberty ;  and  that  in  all 
cases,  the  military  should  be  under  strict  subordination  to,  and  governed  rry,  the 
civil  power. 

*  Amended.  Acts  1852,  p,  321,  §  5.  The  5th  section,  without  amendment,  read  :  "  That  the  legislative 
and  executive  powers  of  the  state  should  be  separate  and  distinct  from  the,  judiciary,  and  that  the  mem- 
bers of  the  two  first"  &.C. 

t  Amend-d.  Acts  1852,  p.  321,  §  fi.  The  6th  section  was:  "That  election  of  members  to  serve  as  re- 
presentatives of  the  people  in  assembly"  &c. 

J  Amended.  Acts  1852,  p.  321,  §  8,  11.  In  the  8th  and  11th  sections,  the  words  "of  {waive  men"  in- 
serted after  the  word  "jury." 


VIRGINIA    BILL    OF    RIGHTS.  5 

14.  That  the  people  have  a  right  to  uniform  government ;  and  therefore,  that 

no  government  separate  from,  or  independent  of,  the  government  of  Virginia, 

ought  to  he  erected  or  established  within  the  limits  thereof. 

* 

15.  That  no  free  government,  or  the  hlessings  of  liberty,  can  be  preserved  to 
any  people,  but  by  a  firm  adherence  to  justice,  moderation,  temperance,  frugality, 
and  virtue,  and  by  a  frequent  recurrence  to  fundamental  principles. 

16.  That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and  the  manner  of 
discharging  it,  can  be  directed  only  by  reason  and  conviction,  not  by  force  or  vio- 
lence ;  and  therefore  all  men  are  equally  entitled  to  the  free  exercise  of  religion, 
according  to  the  dictates  of  conscience ;  and  that  it  is  the  mutual  duty  of  all  To 

practice  Christian  forbearance,  love,  and  charity  towards  each  other, 

\ 


I 


CONSTITUTION  OF  VIRGINIA 


•  Mr.  Archibald  Cary,  from  the  committee  appointed  for  the  purpose,  reported  on  the  24th 
flf  June  177(5  a  plan  of  government  for  the  colony.  It  was  then  read  the  first  time,  read  a 
second  time  on  the  26th,  and  considered  in  committee. of  the  whole  on  that  day  and  on  the 
27th  and  98th.  It  was  then  reported  to  the  house  with  amendments,  which  were  read  twice 
and  agreed  to.  After  being  fairly  transcribed,  it  was  read  a  third  time  on  the  29th  and 
passed  unanimously.* 

This  constitution  or  form  of  government  was  originally  drawn  up  by  George  Mason. t 
Mr.  Jefferson  had  put  a  draft  of  one  into  the  hands  of  Mr.  Wythe,  who  reached  Williams- 
burg after  the  other  was  committed  to  the  committee  of  the  whole.  Two  or  three  parts  of 
Mr.  Jefferson's  plan  were,  with  little  alteration,  inserted  in  the  other;  and  his  preamble  was 
also  adopted.}:  4 

The  constitution  so  resolved  upon  may  be  seen  in  the  9th  volume  of  Hening's  Statutes 
at  Large,  page  112  to  1 19,  and  in  the  editions  of  the  Code  of  Virginia  published  from  177t» 
to  1819.  At  the  end  of  it,  in  the  Code  of  1819,  will  be  seen  a  note  of  Mr.  Leigh  as  to  the 
form  of  the  colonial  government  for  which  it  was  substituted.  This  constitution  was  in 
fbrce  until  superseded  by  the  amended  constitution  or  form  of  government  for  Virginia, 
which,  on  the  15th  of  January  1830,  was  submitted  and  proposed  to  the  people  of  Viiginia 
by  their  delegates  and  representatives,  in  convention  assembled. 

This  amended  constitution  continued  in  force  until  January  1852.  A  convention  to  form 
a  new  constitution  was  called.  It  assembled  on  the  14th  October  1850,  and  the  present, 
constitution  was  adopted  on  the  1st  of  August  1851.  It  was  ratified  by  the  people  on  the 
4th  Thursday  in  October  following.  On  the  second  Monday  of  the  succeeding  December 
an  election  was  held  for  the  legislature,  governor,  lieutenant  governor  and  attorney  general. 
The  first  general  assembly  convened  on  the  second  Monday  in  January  (the  12th  day  of  the 
month),  and  the  first  governor  and \lievitenant  governor  qualified  on  the  IGih  of  January 
1852.     The  constitution  thus  formed  and  put  into  operation  is  as  follows : 


ARTICLE  I. 

Preamble. 

Bill  of  rights. 

Force  of  bill  of  right3. 

ARTICLE  II. 

Division  of  power*. 

Division  of  powers  between  department*. 

ARTICLE  III. 

Qualification  of  voters. 

Eight  of  suffrage. 

Cities  and   towiiH  to  be   laid  off  into  wards. 

Places  for  elections.    Citizens  to  vote  in  their 

wards. 
Exemption  of  voters. 
How  votes  are  given. 

ARTICLE  IV. 

Legislative  departnunt. 

Legislature,  how  composed. 

Hi  use  of  delegates,  how  ebrsen.     Number  of 

di-legates   to   each  county,  city   or  election 

district. 


3.  Senate,  how  elected.     Betitrniug  officers,  when 

and  where  to  meet.  Senate  classified.  Term 
of  service. 

4.  Senatorial  districts. 

5.  Apportionment  of  representation.     How  sub- 

mitted to  the  vote  of  the  people. 

6.  How  long  polls  to  be  kept  open.     When  and 

how  certified.  Govewtor  to  communicate 
result  to  legislature.  When  again  referred 
to  the  people.  Reapportionment  according 
to  vote  of  people. 

7.  Qualification  <>f  senators  and  deli  gates.     Dis- 

qualification.    Removals  to  vacate  office. 

8.  Legislature,  how  often  to  meet.     Sessions,  how 

long.  Adjournment,  how  long,  and  where. 
Quorum.     How  attendance  enforced. 

9.  Speaker    of   house   and    president   of  senate. 

Officers;  rules;  writs  of  election,  by  whom 
issued.  Houses  to  judge  of  elections,  <fcc. 
Members  punished. 

10.  Pay  of  members.     Ineligible  to  offices  in  cer- 

tain cases. 

11.  Bills  and  resolutions,  where  to  originate  and 

how  disposed  of 

12.  Journal;  yeas  aod  nays,  how  recorded.     How 

bills  to  be  read. 

13.  Representation  in  congress,  how  apportioned. 

14.  Congressional  districts,  bow  formed. 

15.  Habeas    corpus    not    suspended.     Legislative 

power  restrained  in  certain  cases.  Freedom 
of  speech  or  of  the  press.     Religious  liberty. 


*  Journal  of  the  Convention. 

tMr.  Madison's  letter  in  Sparks'  Writings  of  Washington,  vol.  9.  page  548 

}Mr.  Wythe's  letter  of  the  27th  of  July  1776  to  Mr.  Jefferson.     Burke's  Va.;  vol.  4,  p.  150,  151. 


CONSTITUTION    OF    VIRGINIA.. 


36.    Laws,  how  to  be  framed. 

17.  Disqualification  for  duelling 

18.  Impeachments,    how    presented.     Extent    of 

judgment.  Senate  may  sit  during  legisla- 
tive recess. 

19.  How  emancipated  slaves  forfeit,  their  freedom. 

20.  Restrictions  on  emancipation.    Removal  of  fre<i 

negroes. 

21.  Legislature  not  to  emancipate. 

22.  ^  Taxation*  to  be  uniform  and  ad  valorem. 

23.  5  Property,  how  exempt  from  tax. 

21.     Capitation  tax.     What  part  applied  to  school*. 
Exemption  for  infirmity. 

25.  Tax  on  incomes,  salaries  and  licenses. 

26.  How  money  drawn  from  treasury.     Financial 

statement  to  be  published. 
'27.     On  what  acts  yeas  and  nays  required.    Ma- 
jority of  all  requisite. 

28.  Debts  to  state  by  corporations  not  to  be  re- 

leased. State  faith  not  to  be  pledged  ftsr 
corporations. 

29.  Sinking  fund. 

30.  How  state  stocks  may  be  sold. 

31.  Lo.ans,  when  redeemable. 

32.  Charter  to  churches  prohibited.     Church  pro- 

perty, how  secured. 

33.  Lotteries  prohibited. 

34.  New  counties,  how  formed.     Voters' in  election 

districts,  where  to  vote. 

35.  Power  over  divorces,  names  and  sale  of  pro- 

perty. 

36.  Registration  of  voters,  and  of  births,  marriages 

and  deaths. 

37.  State  census.     Returns  thereof. 

38.  Provision  relative  to  elections  and  vacancies 

in  office. 

ARTICLE  V. 
Executive  department. 

1.  Governor  ;  his  term  ;  eligibility  to  office. 

2.  How  elected.     Returns  of  election  of  governor, 

how  disposed  of.  Votes,  when  and  how 
counted.  Election,  how  decided.  Contested 
elections. 

3.  Who  eligible  to  office  of  governor. 

4.  Where  to  reside.     His  pay. 

5.  His  duties  and  powers. 

6.  Power  to  require  information  from  executive 

officers  and  opinions  from  attorney  general. 

7.  Commissions  and  grants  to  be  in  n.a«ue  of  com- 

monwealth.    How  attested. 

8.  Lieutenant  governor,  how.  elected;    his  term 

and  qualification. 

9.  When  to  act  as  governor.     Who  to  discharge 

executive  functions. '  «. 

10.  President  of  senate;  his  compensation. 

11.  Secretary,  treasurer  and  auditor,  how  elected; 

their/terms. 

12.  Record  of  governor's  acts,  how  kept-;    when 

laid  before  legislature.     Duties  of  secretary. 

13.  Powers  and  duties  of  treasurer  and  auditor. 

14.  Board  of  public  works,  how  elected  ;  tern;  of 

office. 


See. 

15. 


Legislature  to  provide  for  election ;  cocpenga 
tion  and  organization  of  board.  Board,  wh*u 
to  meet. 

Officers  on  public  works,  how  appointed.  !Da 
ties  of  board. 

How  removed  from  office. 

Board,  how  abolished. 

Appointment  of  militia  officers. 

ARTICLE  VI. 


Judiciary,  department. 

1.  Judiciary:   of  what  courts  ctkmposed     Juris- 

diction. 

2.  Judicial  divisions.     Circuits. 

3.  Districts. 

4.  Sections. 

5.  Rearrangement  of  judicial  divisions,  how  made. 
€.     Judges  of-  circuit   courts,  how  elected,    their 

term,  age  and  residence.  ' 

7.  Circnit  courts,  whe/i  held. 

8.  District  courts,  when  held  and  by  whom. 

9.  Jurisdiction. 

10.  Court  of  appeals,  how  elected;  term  of  office, 

age  and  residence. 

11.  Court,  how  constituted.     Its  jurisdiction. 

12.  Special  court  of  appeals,  how  constituted.     Its 

powers  and  duties. 

13.  Reasons  of  decisions  of  court  of  appeals  to  be 

ri-eorded. 

14.  Judges,    how    commissioned ;     their    salariea ; 

mileage. 

15.  Judges  n-ot  to  bold  other  offices. 

16.  Elecions  of  judges,  when  not  to  be  held. 

17.  Judges,  how  removed  from  office.     Xotice  to 

be  given. 

18.  Officers  of  courts,  how  appointed  ;  their  duties, 

pay  and  tenure. 

19.  Clerk  of  circuit  court,  how  elected;  term  of 

office.     Attorneys,  how  elected;  their  term, 
duties  and  pay;  how  removed. 

20.  Vacancy  in  office  of  clerk,  how  filled. 

21.  Pay  of  jurors. 

22.  Attorney  general,  how  elected;  his  term.    How 
.   commissioned  ;  bis  duties  and  pay;  hew  re- 
moved. 

23.  Judges  and  officers  to  remain  such  until  suc- 

cessors qualified. 

24.  Writs,   how   attested.     Conclusion   of   indicl 

ments. 

25.  County    courts,  how    constituted,  and   when 

held. 

26.  Their  jurisdiction. 

27.  Districts  for  election  of  justices;  how  elected 

and   commissioned ;    their    term.     Presiding 
justice,  his  duty.     Justices  classified. 

28.  Pay  of  justices. 

29.  Powers  and  jurisdiction. 

30.  County  officers,  how  elected  ;  their  term. 

31.  Officers,  where  to  reside.    Eligibility  of  sherifld. 

32.  County  officers  subject  to  indictment. 

33.  Jurisdiction  of  corporation  courts  and  magis 

trates. 

34.  Corporation  officers,  how  elected,  or  appointed. 


Whereas  the  delegates  and  representatives  of  the  good  people  of  Virginia,  in 
convention  assembled,  on  the  twenty-ninth  day  of  June,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy-six — reciting  and  declaring,  that  whereas 
George  the  Third,  king  of  Great  Britain  and  Ireland  and  elector  of  Hanover,  be- 
fore that  time  entrusted  with  the  exercise  of  the  kingly  office  in  the  government 
of  Virginia,  had  endeavored  to  pervert  the  same  into  a  detestable  and  insupport- 
able tyranny,  by  putting  his  negative  on  laws  the  most  wholesome  and  necessary 
for  the  public  good ;  by  denying  his  governors  permission  to  pass  laws  of  imme- 
diate and  pressing  importance,  unless  suspended  in  their  operation  for  his  assent, 
and  when  so  suspended,  neglecting  to  attend  to  them  for  many  years ;  by  refusing 
fco  pass  certain  other  laws,  unless  the  persons  to  be  benefited  by  them  would  re- 


&  CONSTITUTION    OF   VIRGINIA. 

Iinqnish  the  inestimable  right  of  representation  in  the  legislature ;  by  dissolving- 
legislative  assemblies  repeatedly  and  continually,  for  opposing  with  manly  firmness 
his  invasions  of  the  rights  of  the  people  ;  when  dissolved,  by  refusing  to  call  others 
for  a  long  space  of  time,  thereby  leaving  the,  political  system  without  any  legisla- 
tive head ;  by  endeavoring  to  prevent  the  population  of  our  country,  and  for  that 
purpose  obstructing  the  laws  for  the  naturalization  of  foreigners ;  by  keeping 
among  us,  in  time  of  peace,  standing  armies  and  ships  of  war;  by  affecting  to 
render  the  military  independent  of  and  superior  to  the  civil  power;  by  combining 
with  others  to  subject  us  to  a  foreign  jurisdiction,  giving  his  assent  to  their  pre- 
tended acts  of  legislation,  for  quartering  large  bodies  of  armed  troops  among  us, 
for  cutting  off  our  trade  with  all  parts  of  the  world,  forjmposing  taxes  on  us  with- 
out our  consent,  for  depriving*  us  of  the  benefits  of  the  trial  by  jury,  for  trans- 
porting us  beyond  seas  to  be  tried  for  pretended  offences,  for  suspending  our  own 
legislatures,  and  declaring  themselves  invested  with  power  to  legislate,  for  ns  in  all 
cases  whatsoever ;  by  plundering  our  seas,  ravaging  our  coasts,  burning  our  towns, 
and  destroying  the  lives  of  our  people ;  by  inciting  insurrections  of  our  fellow  sub- 
jects with  the  allurements  of  forfeiture  and  confiscation  ;  by  prompting  omyiegroes 
to  rise  in  arms  among  us — those  very  negroes,  whom,  by  an  inhuman  use  of  his 
negative,  he  had  refused  us  permission  to  exclude  by  law;  by  endeavoring  to  bring 
on  the  inhabitants  of  our  frontiers  the  merciless  Indian  savages,  whose  known  rule 
of  warfare  is  an  undistinguished  destruction  of  all  ages,  sexes  and  conditions  of 
existence ;  by  transporting  hither  a  large  army  of  foreign  mercenaries  to  complete 
the  work  of  death,  desolation  and  tyranny,  then  already  begun  with  circumstances 
of  cruelty  and  perfidy  unworthy  the  head  of  a  civilized  nation  ;  by  answering  our 
repeated  petitions  for  redress  witli  a  repetition  of  injuries ;  and  finally,  by  aban- 
doning the  helm  of  government,  and  declaring  us  out  of  his  allegiance  and  pro- 
tection ;  by  which  several  acts  of  misrule,  the  government  of  this  country,  a& 
before  exercised  under  the  crown  of  Great  Britain,  was  totally  dissolved — did, 
therefore,  having  maturely  considered  the  premises,  and  viewing  with  great  con- 
cern the  deplorable  condition  to  which  this  once  happy  country  Avould  be  reduced," 
unless  some  regular,  adequate  mode  of  civil  policy  should  be  speedily  adopted,  and 
in  compliance  with  the  recommendation  of  the  general  congress,  ordain  and  de- 
clare a  form  of  government  of  Virginia  : 

And  whereas  a  convention  held  on  the  first  Monday  in  October,  in  the  year  one 
thousand  eight  hundred  and  twenty-nine,  did  propose  to  the  people  of  the  com- 
monwealth an  amended  constitution  or  form  of  government,  which  was  ratified  by 
them : 

And  whereas  the  general  assembly  of  Virginia,  by  an  act  passed  on  the  fourth 
■of  March,  in  the  year  one  thousand  eight  hundred  and  fifty,  did  provide  for  the 
election,  by  the  people,  of  delegates  to  meet  in  general  convention,  to  consider, 
discuss  and  propose  a  new  constitution,  or  alterations  and  amendments  to  the 
existing  constitution  of  this  commonwealth ;  and  by  an  act  passed  on  the  thir- 
teenth of  March,  in  the  year  one  thousand  eight  hundred  and  fifty-one,  did  further 
provide  for  submitting  the  same  to  the  people  for  ratification  or  rejection  : 

We,  therefore,  the  delegates  of  the  good  people  of  Virginia,  elected  and  in  con- 
vention assembled,  in  pursuance  of  said  acts,  do  propose  to  the  people  the  follow- 
ing constitution  and  form  of  government  for  this  commonwealth  i 


CONSTITUTION    OF   VIRGINIA. 
AETICLE  I. 

BILL,   OF   EIGHTS. 


The  declaration  of  rights,  as  amended  and  prefixed  to  this  constitution,  shall 
have  the  same  relation  thereto  as  it  had  to  the  former  constitution. 


ARTICLE  II. 

DIVISION   OF  POWERS. 

The  legislative,  executive  and  judiciary  departments  shall  be  separate  and  dis- 
tinct, so  that  neither  exercise  the  powers  properly  belonging  to  either  of  the  others-; 
nor  shall  any  person  exercise  the  powers  of  more  than  one  of  them  at  the  same 
time,  except  that  justices  of  the  peace  shall  be  eligible  to  either  house  of  assembly  - 

ARTICLE  III. 

i  0 

QUALIFICATION   OF   VOTERS. 

1.  Every  white  male  citizen  of  the  commonwealth,  of  the  age  of  twenty-one 
years,  who  has  heen  a  resident  of  the  state  for  two  years,  and  of  the  county,  city 
or  town  where  he  offers  to  vote  for  twelve  months  next  preceding  an  election— and 
no  other  person — shall  be  qualified  to  vote  for  "members  of  the  general  assembly 
and  all  officers  elective  by  the  people :  but  no  person  in  the  military,  naval  or  ma- 
rine service  of  the  Confederate  States  shall  be  deemed  a  resident  of  this  state,  by 
reason  of  being  stationed  therein.  And  no  person  shall  have  the  right  to  vote, 
who  is  of  unsound  mind,  or  a  pauper,  or  a  non-commissioned  officer,  soldier,  sea- 
man or  marine  in  the  service  of  The  Confederate  States,  or  who  has  been  convicted 
of  bribery  in  an  election,  or  of  any  infamous  offence. 

2.  The  general  assembly,  at  its  first  session  after  the  adoption  of  this  constitu- 
tion, and  afterwards  as  occasion  may  require,  shall  cause  every  city  or  town,  the 
white  population  of  which  exceeds  five  thousand,  to  be  laid  off  into  convenient 
wards,  and  a  separate  place  of  voting  to  be  established  in  each ;  and  thereafter  no 
inhabitant  of  such  city  or  town  shall*  be  allowed  to  vote  except  in  the  ward  in 
which  he  resides. 

3.  No  voter,  during  the  time  for  holding  any  election  at  which  he  is  entitled  to 
vote,  shall  be  compelled  to  perform  military  service,  except  in  time  of  war  or  pub- 
lic danger ;  to  work  upon  the  public  roads,  ov  to  attend  any  court  as  suitor,  juror 
or  witness  ;  and  no  voter  shall  be  subject  to  arrest  under  any  civil  process  during 
his  attendance  at  elections,  or  in  going  to  and  returning  from  them. 

4.  In  all  elections  votes  shall  be  given  openly,  or  viva  voce,  and  not  by  ballot ; 
but  dumb  persons  entitled  to  suffrage  may  vote  by  ballot, 


10  CONSTITUTION   OF   VIRGINIA. 

ARTICLE  IV. 

LEGISLATIVE   DEPARTMENT. 

1.  The  legislature  shall  be  formed  of  two  distinct  brandies,  which  together 
shall  be  a  complete  legislature,  and  shall  be  called  the  General  Assembly  of  Vir-* 
ginia.  f 

House- of  Delegates. 

2.  One  of  these  shall  be  called  the  House  of  Delegates,  and  shall  consist  of 
one  hundred  and  fifty-two  members,  to  be  chosen  biennially  for  and  by  the  several 
counties,  cities  and  towns  of  the  commonwealth,  and  distributed  and  apportioned 
a's  follows  : 

The  counties  of  Augusta  and  Rockingham  and  the  city  of  Richmond  shall  each 
elect  three  delegates;  the  counties  of  Albemarle,  Bedford,  Berkeley,  Campbell, 
Fauquier,  Franklin,  Frederick,  Halifax,  Hampshire,  Harrison,  Jefferson,  Kanawha, 
Loudoun,  Marion,  Monongalia,  Monroe,  Norfolk,  Pittsylvania,  Preston,  Rockbridge, 
Shenandoah  and  Washington  shall  each  elect  two  delegates  ;  the  counties  of  Bote- 
tourt and  Craig  shall  together  elect  two  delegates. 

The  counties  of  Accomack,  Alexandria,  Amherst,  Appomattox,  Barbour,  Bruns- 
wick, Buckingham,  Cabell,  Caroline,  Carroll,  Charlotte,  Chesterfield,  Clarke,  Cul- 
peper,  Dinwiddle,  Fairfax,  Floyd,  .Fluvanna,  Giles,  Gloucester,  Goochland,  Gray- 
son, Greenbrier,  Hanover,  Hardy,  Henrico,  Henry,  Highland,  Isle  of  Wight,  Jack- 
son, King  William,  Lee,  Lewis,  Louisa,  Lunenburg,  Madison,  Marshall,  Mason, 
Mercer,  Mecklenburg,  Montgomery,  Morgan,  Nansemond,  Nelson,  Northampton, 
Page,  Patrick,  Pendleton,  Pocahontas,  Princess  Anne,  Prince  Edward,  Prince 
William,  Pulaski,  Putnam,  Randolph,  Rappah^nock,  Roanoke,  Scott,  Smyth, 
Southampton,  Spotsylvania,  Taylor,  Upshur,  Warren,  Wayne,  Wetzel,  Wood  and 
Wythe,  and  the  cities  of  Norfolk  and  Petersburg,  shall  each  elect' one  delegate.* 

The  counties  of  Lee  and  Scott,  in  addition  to  the  delegate  to  be  elected  by 
each,  shall  together  elect  one  delegate. 

The  following  counties  and  cities'  shall  compose  election  districts:  Alleghany 
and  Bath;  Amelia  and  Nottoway;  Boone,  Wyoming  and  Logan;  Braxton  and 
Nicholas;  Charles  City,  James  City  and  New  Kent;  Cumberland  and  Powhatan; 
Doddridge  ajid  Tyler;  Elizabeth  City,  Warwick,  York,  and  the  city  of  Williams- 
burg; Essex  and  King  &  Queen  ;  Fayette  and  Raleigh ;  Gilmer  and  Wirt ;  Greene. 

*  Sit\ce  the  adoption  of  the  constitution,  the  following  counties  have  been  formed  :  The  county  of  Cal- 
houn constitutes  a  part  of  the  election  district  of  Gilmer  ami  Wirt.  Acts  1855-6,  p.  91,  ch.  108,  §  10.  The 
acts  establishing  the  counties  of  Wise  and  Roane  do  not  prescribe  how  they  shall  vote  for  members  of 
the  house  of  delegates.  See  Acts  1855-6,  p  89,  §  13,  14,  for  Wise,  and  p.  94,  §  15,  for  Roane.  They  will 
elect  delegates  therefore  under  the  constitution,  each  part  voting  with  the  county  from  which  it  was 
taken.  The  county  of  Tucker  votes  with  the  county  of  Randolph  as  an  election  district.  Id.  p.  97,  ch. 
110,  §  14.  The  act  forming  the  county  of  McDowell  has  no  provision  for  electing  a  delegate.  The  coun- 
ties of  McDowell  and  Tazewell  therefore  vote  together.  Acts  1857-8,  p.  108,  ch.  155,  §  13.  The  county 
of  Buchanan  is  not  provided  for  in  the  act  creating  it,  and  is  therefore  in  the  same  condition,  and  votes 
for  a  delegate  with  Tazewell  and  Russell.  Id.  p  110,  ch.  15<\  §  14  The  county  of  Clay  forms  a  part  of 
the  electoral  district  with  Braxton  and  Nicholas.  Id.  p.  113,  ch.  158,  §  14  The  county  of  Webster  is 
formed  out  of  the  coumies  or  Braxton,  Nicholas  and  Randolph.  The  voters  of  the  county  of  Webster 
are  to  vte  as  they  have  heretofore  voted  for  members  of  the.  house  of  delegates.  Acts  1859-60,  p.  156, 
ch.  47,  §  15.  So  much  of  Bland  county  as  was  taken  respectively  from  Giles,  Tazewell  and  Wythe,  shall 
remain  attached  to  the  electoral,  congressional  and  senatorial  districts  respectively  to  which  the  said 
counties  from  which  it  was  taken  belong,  and  shall  vote  with  said  counties  for  members  of  the  house  of 
delegates.  » 


CONSTITUTION    OF   VIEGINIA.  11 

and  Orange ;  Greenesville  and  Sussex ;  King  George  and  Stafford  ;  Lancaster  and 
Northumberland;    Matthews   and   Middlesex;    Pleasants   and   Ritchie;    Prince 

George  and  Surry;  and  Richmond  and  Westmoreland— each  of  which  districts 
shall  elect  one  delegate. 

At  the  first  general  election,  under  this  constitution,  the  county  of  Ohio  shall 
elect  three  delegates,  and  the  counties  of  Brooke  and  Hancock  shall  together  elect 
one  delegate ;  at  the  second  general  election,  the  county  of'  Ohio  shall  elect  two 
delegates,  and  the  counties  of  Brooke  and  Hancock  shall  each  elect  one  delegate ; 
and  so  on,  alternately,  at  succeeding  general  elections. 

At  the  first  general  election,  the  county  of  Russell  shall  elect  two  delegates,  and 
the  county  of  Tazewell  shall  elect  one  delegate;  at  the  second  general  election, 
the  county  of  Tazewell  shall  elect  two  delegates,  and  the  county  of  Russell  shall 
elect  one  delegate;  and  so  on,  alternately,  at  succeeding  general  elections.* 

The  general  assembly  shall  have  power,  upon  application  of  a  majority  of  the 
voters  of  the  county  of  Campbell,  to  provide,  that  instead  of  the  two  delegates  to 
be  elected  by  said  county,  the  town  of  Lynchburg  shall  elect  one  delegate,  and 
the  residue  of  the  county  of  Campbell  shall  elect  one  delegate. 

Senate. 

3i  The  other  house  of  the  general  assembly  shall  be  called  the  Senate,  and 
shall  consist  of  fifty  members,  to  be  elected  for  the  term  of  four  years;  for  the 
election  of  whom,  the  counties,  cities  and  towns  shall  be  divided  into  fifty  districts. 
Each  county,  city  and  town  of  the  respective  districts,  at, the  time  of  the  first  elec- 
tion of  its  delegate  or  delegates  under  this  constitution,  shall  vote  for  one  senator; 
and  the  sheriffs  or  other  officers  holding  the  election  for  each  county,  city  and 
town,  within  five  days  at  farthest  after  the  last  election  in  the  district,  shall  meet 
at  the  court-house  of  the  county  or  city  first  named  in  the  district,  and  from  the 
polls  so  taken  in  their  respective  counties,  cities  and  towns,  return  as  senator  the 
person  who  has  received  the  greatest  number  of  votes  in  the  whole  district.  Upon 
the  assembling  of  the  senators  so  elected,  they  shall  be  divided  in  two  equal 
classes,  to  be  numbered  by  lot.  The  term  of  service  of  the  senators  of  the  first 
class  shall  expire  with  that  of  the  delegates  first  elected  under  this  constitution, 
and  of  the  senators  of  the  second  class  at  the  expiration  of  two  years  thereafter  ; 
and  this  alternation  shall  be  continued,  so  that  one-half  of  the  senators  may  be 
chosen  every  second  year. 

4.    For  the  election  of  senators — 

I.  The  counties  of  Accomack  and  Northampton  shall  form  one  district: 

II.  The  city  of  Norfolk  shall  be  another  district: 

III.  The  counties  of  Norfolk  and  Princess  Anne,  shall  form  another  district:' 

IV.  The  counties  of  Isle  of  Wight,  Nansemond  and  Surry  shall  form  another  district: 

V.  The  counties  of  Sussex,  Southampton  and  Greenesville  shall  form  another  district: 

VI.  The  city  of  Petersburg  and  the  county  of  Prince  George  .shall  form  another  district: 
VII.-  The  counties  of  Dinwiddie,  Amelia  and  Biunswick  shall  form  another  district: 
VIII.   The  counties  of  Powhatan,  Cumberland  and  Chesterfield  shall  form  another  district : 

*  See  note  on  page  10. 


12  CONSTITUTION    OF   VIRGINIA. 

IX.  The  counties  of  Lunenburg,  Nottoway  and  Prince  Edward  shall  form  another  district : 

X.  The  counties  of  Mecklenburg  and  Charlotte  shall  form  another  district: 
XL   The  county  of  Pittsylvania  shall  be  another  district : 

XII.  The  county  of  Halifax  shall  be  another  district: 

XIII.  The  counties -of  Henry,  Patrick  and  Franklin  shall  form  another  district: 

XIV.  The  county  of  Bedford  shall  be  another  district : 

XV.  The  counties  of  Campbell  and  Appomattox  shall  form  another  district : 

XVI.  The  city  of  Williamsburg  and  the  counties  of  James  City,  Charles  City,  New 
Kent,  York,  Elizabeth  City  and  Warwick  shall  form  another  district: 

XVII.  The  counties  of  Henrico  and  Hanover  shall  form  another  district :    . 

XVIII.  The  city  of  Richmond  shall  be  another  district : 

XIX.  The  counties  of  Gloucester,  Matthews  and  Middlesex  shall  form  another  district : 

XX.  The  counties  of  Richmond,  Lancaster,  Northumberland  and  Westmoreland  shall 
form  another  district : 

XXI.  The  counties  of  King  &  Queen.  King  William  and  Essex  shall  form  another  district: 

XXII.  The  counties  of  Caroline  aud  Spotsylvania  shall  form  another  district : 

XXIII.  The  counties  of  Stafford,  King  George  and  Prince  William  shall  form  another 
district : 

XXIV.  The  counties  of  Fairfax  and  Alexandria  shall  form  another  district : 
XXV.'  The  county  of  Loudoun  shall  be  another  district : 

XXVI.  The  counties  of  Fauquier  and  Rappahannock  shall  form  another  district : 

XXVII.  The  counties  of  Madison,  Culpeper,  Orange  and  Greene  shall  form  another 
district : 

XXVIII.  The  county  of  Albemarle  shall  be  another  district :  _ 

XXIX.  The  counties  of  Louisa,  Goochland  and  Fluvanna  shall  form  another  district: 

XXX.  The  counties  of  Nelson,  Amherst  and  Buckingham  shall  form  another  district: 

XXXI.  The  counties  of  Jefferson  and  Berkeley  shall  form  another  district : 

XXXII.  The  counties  of  Hampshire,  Hardy  and  Morgan  shall  form  another  district: 

XXXIII.  The  counties  of  Frederick,  Clarke  and  Warren  shall  form  another  district: 

XXXIV.  The  counties  of  Shenandoah  and  Page  shall  form  another  district : 

XXXV.  The  counties  of  Rockingham  aud  Pendleton  shall  form  another  district; 

XXXVI.  The  county  of  Augusta  shall  be  another  district: 

XXXVII.  The  counties  of  Bath,  Highland  and  Rockbridge  shall  form  another.district: 

XXXVIII.  The  counties  of  Botetourt,  Alleghany,  Roanoke  and  Craig  shall  form  another 
district : 

XXXIX.  The  counties  of  Carroll,  Floyd,  Grayson,  Montgomery  and  Pulaski  shall 
form  another  district : 

XL.   The  counties  of  Mercer,  Monroe.  Giles  and  Tazewell  shall  form  another  district:* 

XLI.   The  counties  of  Smyth,  Wythe  and  Washington  shall  form  another  district: 

XLII.   The  counties  of  Scott,  Lee  and  Russell  shall  form  another  district:* 

XLIII.  The  counties  of  Boone,  Logan,  Kanawha,  Putnam  and  Wyoming  shall  form 
another  district:* 

XLIV.  The  counties  of- Nicholas,  Fayette,  Pocahontas,  Raleigh,  Braxton  and  Green- 
brier shall  form  another  district^* 

XLV.  The  counties  of  Mason,  Jackson,  Cabell,  Wayne  and  Wirt  shall'form  another 
district:* 

XLVI.  The  counties  of.  Ritchie,  Doddridge,  Harrison,  Pleasants  and  Wood  shall  form 
another  district : 

*  Since  the  adoption  of  the  constitution,  the  county  of  Wise  has  been  attached  to  the  42d  senatorial 
district.  Acts  1855-6,  p.  89,  §  14.  The  county  of  Calhoun,  to  the  48th  district.  Id.  p.  91,  $  10.  The 
county  of  Roane,  to  three  districts,  viz  :  so  much  us  was  taken  from  Kanawha,  belongs  to  the  43d  dis- 
trict;  so  much  as  was  taken  from  Jackson,  to  the  45th  district,  and  so  much  as  was  taken  from  Gilmer, 
to  the  48fh  district.  Id.  p.  94,  §  15.  the  county  of  Tucker,  to  the  48th  district.  Id.  p.  97,  §  14.  The 
county  of  McDowell,  to  the  40th  district.  Acts  1857-8,  p.  108,  ch.  155,  §  13.  The  county  of  Buchanan, 
to  the  42d  district.  Id  p.  110,  §  13.  The  county  of  Clay,  to  the  44th  district.  Id.  p.  113,  §  14.  The 
county  of  Webster  is  attach-d  to  two  senatorial  districts.  The  part  taken  from  Nicholas  and  Braxton 
votes  in  the  44th,  and  the  part  taken  from  lldudolph,  in  the  48th  districts.  Acts  1859-CO,  p.  156,  ch.^7, 
§  15.  So  much  of  Bland  county  as  was  taken  respectively  from  Giles,  Tazewell  and  Wythe,  shall  remain 
attached  to  the  electoral,  congressional  and  senatorial  districts  respectively  to  which  the  said  counties 
from  which  it  was  taken  belong,  aud  shall  vote  with  said  counties  for  members  of  the  house  of  delegates. 


CONSTITUTION    OF    VIRGINIA.  13     - 

XL VII.   The  counties  of  Wetzel,  Marshall,  Mari^i  and  Tyler  shall  form  another  district: 
XLVIII.   The  counties  of  Upshur,  Barbour,  Lewis,  Gilmer  and  Randolph  shall  form 
another  district  :* 

XLIX.    The  counties  of  Monongalia.  Preston  and  Taylor  shall  fjprm  another  district : 
L.   The  counties  of  Brooke,  Hancock  and  Ohio  shall  form  another  district : 

•    Apportionment  of  Representation. 

5.  It  shall  be  the  duty  of  the  general  assembly,  in  the  year  one  thousand  eight 
hundred  and  sixty-five,  and  in  every  tenth  year  thereafter,  in  case  it  can  agree 
upon  a  principle  of  representation,  to  reapportion  representation  in  the  senate  and 
house  of  delegates  in  accordance  therewith ;  and  in  the  event  the  general  assem- 
bly, at  the  first  or  any  subsequent  period  of  reapportionment,  shall  fail  to  agree 
upon  a  principle  of  representation  and  to  reapportion  representation  in  accordance 
therewith,  each  house  shall  separately  propose  a  scheme  of  representation,  con- 
taining a  principle  or  rule  for  the  house  of  delegates,  in  connection  with  a  princi- 
ple or  rule  for  the  senate.  And  it  shall  be  the  duty  of  the  general  assembly,  at 
the  same  session,  to  certify  to  the  governor  the  principles  or  rules  of  representa- 
tion which  the  respective  houses  may  separately  propose,  to  be  applied  in  making 
reapportionments  in  the  senate  and  in  the  house  of  delegates  :  and  the  governor 
shall,  as  soon  thereafter  as  may  be,  by  proclamation,  make  known  the  propositions 
of  the  respective  houses,  and  require  the  voters  of  the  commonwealth  to  assemble 
at  such  time  as  he  shall  appoint,  at  their  lawful  places  of  voting,  and  decide  by 
their  votes  between  the  propositions  thus  presented.  In  the  event  the  general 
assembly  shall  fail,  in  the  year  one  thousand  _  eight  hundred  and  sixty-five,  or  in 
any  tenth  year  thereafter,  to  make  such  reapportionment  or  certificate,  the  gover- 
nor shall,  immediately  after  the  adjournment  of  the  general  assembly,  by  procla- 
mation, require  the  voters  of  the  commonwealth  to  assemble,  at  such  time  as  he 
shall  appoint,  at  their  lawful  places  of  voting,  and  to  declare  by  their  votes : 

First,  whether  representation  in  the  senate  and  house  of  delegates  shall  be  ap- 
portioned on  the  "  Suffrage  Basis ;"  that  is,  according  to  the  number  of  voters  in 
the  several  counties,  cities,  towns,  and  senatorial  districts  of  the  commonwealth : 

Or,  second,  whether  representation  in  both  houses  shall  be  apportioned  on  the 
"Mixed  Basis  :"  that  is,  according  to  the  number  of  white  inhabitants  contained, 
and  the  amount  of  all  state  taxes  paid,  in  the  several  counties,  cities  and  towns  of 
the  commonwealth,  deducting  therefrom  all  taxes  paid  on  licenses  and  law  pro- 
cess, and  any  capitation  tax  on  free  negroes,  allowing  one  delegate  for  -every 
seventy-gixth  part  of  said  inhabitants,  and  one  delegate  for  every  seventy-sixth 
part  of  said  taxes,  and  distributing  the  senators  in  like  manner  : 

Or,  third,  whether  representation  shall  be  apportioned  in  the  senate  on  taxation ;" 
that  is,  according  to  the  amount  of  all  state  taxes  paid  in  the  several  counties, 
cities  and  towns  of  the  commonwealth,  deducting  therefrom  all  taxes  paid  on 
licenses  and  law  process,  and  any  capitation  tax  on  free  negroes,  and  in  the  house 
of  delegates  on  the  "  Suffrage  Basis"  as  aforesaid  : 

Or,  fourth,  whether  representation  shall  be  apportioned  in  the  senate  on  the 
"  Mixed  Basis"  as  aforesaid,  and  in  the  house  of  delegates  on  the  "Suffrage  Basis" 

*  Sea  note  on  page  12. 


14  CONSTITUTION   OF   VIRGINIA. 

as  aforesaid :  and  each  voter  shall  c^ist  his  vote  in  favor  of  one  of  said  schemes  of 
apportionment,  and  no  more. 

6.  It  shall  he  the  diity  of  the  sheriffs  and  other  officers  taking  said  polls,  to  keep 
the  sanie  open  for  the  period  of  three  days,  and  within  five  days  after  they  are 
closed,  to  certify  true  copies  thereof  to  the  governor,  who  shall,  as  early  as  may  he, 
ascertain  the  resu't  of  said  vote,  and  make  proclamation  thereof;  and  in  case  it  is 
ascertained  that  a  majority  of  all  the  votes  cast  is  in  favor  of  either  of  the  prin- 
ciples of  representation,  referred  as  aforesaid  to  the  choice  of  the  voters,  the 
governor  shall  communicate  the  result  of  such  vote  to  the  general  assemhly,  at  its 
first  regular  session  thereafter ;  hut  in  case  it  is  ascertained  that  a  majority  of  all 
the  votes  cast  is  not  in  favor  of  either  of  the  principles  of  representation  referred 
as  aforesaid  to  the  choice  of  the  voters,  it  shall  he  the  duty  of  the  governor,  as 
soon  as  may  he  after  ascertaining  that  fact,  in  like  manner  to  cause  the  voters  to 
decide  between  the  two  principles  of  representation  which  shall,  at  such  previous 
voting,  have  received  the  greatest  number  of  votes ;  «nd  he  shall  ascertain  and 
make  proclamation  of  the  result  of  the  said  last  vote,  and  communicate  the  same 
to  the  general  assembly  at  its  next  regular  session ;  and  in  either  case,  the  general 
assembly,  at  the  regular  session  thereof,  which  shall  be  held  next  after  the  taking 
of  the  vote,  the  result  of  which  shall  have  been  so  communicated  to  it  by  the  go- 
vernor, shall  reapportion  representation  in  the  two  houses  respectively  in  accord- 
ance with  the  principle  of  representation  in  each,  for  which  a  majority  of  the 
votes  cast  were  given ;  and  it  shall  be  the  duty  of  the  general  assembly  in  every 
tenth  year  thereafter  to  reapportion  and  distribute  the  number  of  senators  and 
delegates  in  accordance  with  the  same  principle. 

Qualifications  of  Senators  and  Delegates. 

7.  Any  person  may  be  elected  senator,  who,  at  the  time  of  election,  has  attained 
the  age  of  twenty-five  years,  and  is  actually  a  resident  within  the  district,  and 
qualified  to  vote  for  members  of  the  general  assembly,  according  to  this  constitu- 
tion. And  any  person  may  be  elected  a  member  of  the  house  of  delegates,  who, 
at  the  time  of  election,  has  attained  the  age  of  twenty-one  years,  and  ie  actually  a 
resident  within  the  county,  city,  town  or  election  district,  qualified  to  vote  for 
members  of  the  general  assembly  according  to  this  constitution ;  but  no  person 
holding  a  lucrative  office,  no  minister  of  the  gospel  or  priest  of  any  religious  de- 
nomination, no  salaried  officer  of  any  banking  corporation  or  company,  and  no 
attorney  for  the  commonwealth,  shall  be  capable  of  being  elected  a  member  of 
either  house  of  assembly.  The  removal  of  any  person  elected  to  either  branch  of 
the  general  assembly  from  the  county,  city,  town  or  district  for  which  he  was 
elected,  shall  vacate  his  office. 

Powers  and  Duties  of  the  General  Assembly. 

8.  The  general  assembly  shall  meet  once  in  every  two  years,  and  not  oftener, 
unless  convened  by  the  governor  in  the  manner  prescribed  in  this  constitution. 
No  session  of  the  general  assembly,  after  the  first  under  this  constitution,  shall 
Continue  longer  than  ninety  days,  without  the  concurrence  of  three-fifths  of  the 
members  elected  to  each  house ;  in  which  case,  the  session  mav  be  extended  for  a 


CONSTITUTION    OP   VIRGINIA.  15 

farther  period,  not  exceeding  thirty  days.  Neither  house,  during  the  session  of 
the  general  assembly,  shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in  which  the  two  houses  shall  be 
sitting.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  business,  but  a 
smaller  number  nmy  adjourn  from  day  to  day,  and  shall  be  authorized  to  compel 
the  attendance  of  absent  members  in  such  manner  and  under  su?h  penalties  as 
each  house  may  provide. 

9.  The  house  of  delegates  shall  choose  its  own  speaker,  and,  in  the  absence  of 
the  lieutenant  governor,  or  when  he  shall  exercise  the  office  of  governor,  the  senate 
shall  choose. from  their  own  body  a  president  pro  tempore;  and  each  house  shall 
appoint  its  own  officers,  settle  its  own  rules  of  proceeding,  and  direct  writs  of  elec- 
tion for  supplying  intermediate  vacancies  :  but  if  vacancies  shall  occur  during  the 
recess  of  the  general  assembly,  such  writs  may  be  issued  by  the  governor,  under 
Buch  regulations  as  may  be  prescribed  by  law.  Each  house  shall  judge  of  the 
election,  qualification  and  returns  of  its  members,  may  punish  them  for  disorderly 
behavior,  and,  with  the  concurrence  of  two-thirds,  expel  a  member,  but  not  a 
second  time  for  the  same  offence.  •      , 

10.  The  members  of  the  assembly  shall  receive  for  their  services  a  compensa- 
tion, to  be  ascertained  by  law,  and  paid  out  of  the  pubhc  treasury ;  but  no  act  in- 
creasing such  compensation  shall  take  effect  until  after  the  end  of  the  term  for 
which  the  members  of  the  house  of  delegates  voting  thereon  were  elected.  And 
no  senator  or  delegate,  during  the  term  for  which  he  shall  have  been  elected,  shall 
be  appointed  to  any  civil  office  of  profit  under  the  commonwealth,  which  has  been 
created,  or  the  emoluments  of  which  have  been  increased,  during  such  term,  ex- 
cept offices  filled  by  elections  by  the  people. 

11.  Bills  and  resolutions  may  originate  in  either  of  the  two  houses  of  the  ge- 
neral assembly,  to  be  approved  or  rejected  by  the  other,  and  may  be  amended  by 
either  house,  with  the  consent  of  the  other. 

12.  Each  house  of  the  general  assembly  shall  keep  a  journal  of  its  proceedings, 
which  shall  be  published  from  time  to  time,  and  the  yeas  and  nays  of  the  members 
of  either  house,  on  any  question,  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal.  No  bill  shall  become  a  law  until  it  has  been  read  on 
three  different  days  of  the  session  in  the  house  in  which  it  originated,  unless  two- 
thirds  of  the  members  elected  to  that  house  shall  otherwise  determine. 

13.  The  whole  number  of  members  to  which  the  state  may  at  any  time  be  enti- 
tled in  the  house  of  representatives  of  the  Confederate  States,  shall  be  apportioned 
as  nearly  as  may  be  amongst  the  several  counties,  cities  and  towns  of  the  state, 
according  to  their  respective  numbers  ;•  which  shall  be  determined,  by  adding  to 
the  whole  number  of  free  persons,  including  those  bound  to  service  for  a  term  of 
years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  other  persons. 

14.  In  the  apportionment,  the  state  shall  be  divided  into  districts,  corresponding 
in  number  with  the  representatives  to  which  it  may  be  entitled  in  the  house  of  re- 
presentatives of  the  congress  of  the  Confederate  States,  which  shall  be  formed  re- 
spectively of  contiguous  counties,  cities  and  towns,  be  compact,  and  include,  as 
nearly  as  may  be,  an  equal  number  of  the  population,  upon  which  is  based  repre- 
sentation in  the  house  of  representatives  of  the  Confederate  States. 


16  CONSTITUTION   OF   VIRGINIA. 

15.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  in  any  case  he  suspended 
The  general  assembly  shall  not  pass  any  bill  of  attainder;  or  an}'  ex  post  facto 
law;  or  any  law  impairing  the  obligation  of  contracts;  or  any  law  whereby  private 
property  shall  be  taken  for  public  uses  without  just  compensation ;  or  any  law 
abridging  the  freedom  of  speech  or  of  the  press.  No  man  shsll  be  compelled  to 
frequent  or  support  any  religious  worship,  place  or  ministry  whatsoever ;  nor  shall 
any  man  be  enforced,  restrained,  molested  or  burthened  in  his  body  or  goods,  or 
otherwise  suffer,  on  account  of  his  religious  opinions  or  belief;  but  all  men  shall 
be  free  to  profess,  and  by  argument  to  maintain  their  opinions  in  matters  of  reli- 
gion, and  the  same  shall  in  nowise  affect,  diminish  or  enlarge  their  civil  capacities, 
And  ihe  general  assembly  shall  not  prescribe  any  religious  test  whatever;  or  con- 
fer any  peculiar  privileges  or  advantages  on  any  sect  or  denomination ;  or  pass 
any  law  requiring  or  authorizing  any  religious  society,  or  the  people  of  any  district 
within  this  commonwealth,  to  levy  on  themselves  or  others  any  tax  for  the  erection 
or  repair  of  any  house  for  public  worship,  or  for  the  support  of  any  church  or  mi- 
nistry ;  but  it  shall  be  left  free  to  every  person  to  select  his  religious  instructor,  and 
to  make  for  his  support  such  private  contract  as  he  shall  please. 

16.  No  law  shall  embrace  more  than  one  object,  which  shall  be  expressed  in  its 
title;  nor  shall  any  law  be  revived  or  amended  by  reference  to  its  title,  but  the  act 
revived  or  section  amended  shall  be  re-enacted  and  published  at  length. 

17.  Thcgeneral  assembly  may  provide  that  no  person  shall  be  capable  of  hold* 
ing,  or  being  elected  to,  any  post  of  profit,  trust  or  emolument,  civil  or  military, 
legislative,  executive  or  judicial,  under  the  government  of  this  commonwealth, 
who  shall  hereafter  fight  a  duel,  or  send  or  accept  a  challenge  to  fight  a  duel,  the 
probable  issue  of  which  may  be  the  death  of  the  challenger  or  challenged,  or  who 
shall  be  second  to  either  party,  or  shall  in  any  manner  aid  or  assist  in  such  duel, 
or  shall  be  knowingly  the  bearer  of  such  challenge  or  acceptance;  but  no  person 
shall  be  so  disqualified  by  reason  of  his  having  heretofore  fought  such  duel,  or  sent 
or  accepted  such  challenge,  or  been  second  iri  such  duel,  or  bearer  of  such  chal- 
lenge or  acceptance. 

18.  The  governor,  lieutenant  governor,  judges,  and  all  others  offending  against 
the  state,  by  mal- ad  mini  strati  on,  corruption,  neglect  of  duty,  or  other  high  crime 
or  misdemeanor,  shall  be  impeachable  by  the  house  of  delegates  and  be  prosecuted 
before  the  senate,  which  shall  have  the  sole  power  to  try  impeachments.  When 
sitting  for  that  purpose  they  shall  be  on  oath  or  affirmation ;  and  no  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  the  members  present.  Judg- 
ment, in  cases  of  impeachment,  shall  not  extend  further  than  to  removal  from 
office,  and  disqualification  to  hold  and  enjoy  any  office  of  honor,  trust  or  profit 
under  the  commonwealth ;  but  the  party  convicted  shall  nevertheless  be  subject  to 
indictment,  trial,  judgment  and  punishment,  according  to  law.  The  senate  may 
sit,  during  the  recess  of  the  general  assembly,  for  the  trial  of  impeachments. 

Slaves  and  Free  Negroes. 

19.  Slaves  hereafter  emancipated  shall  forfeit  their  freedom  by  remaining  in  the 
commonwealth  more  than  twelve  months  after  they  become  actually  free,  and  shall 
be  reduced  to  slavery  under  such  regulation  as  may  be  prescribed  by  law. 


CONSTITUTION    OF   VIRGINIA.  17 

♦ 

"20.    The  general  assembly  may  impose  such  restrictions  and  conditions  as  they 

shall  deem  proper  on  the  power  of  slave  owners  to  emancipate  their  slaves;  and 
may  pass  laws  for  the  relief  of  the  commonwealth  from  the  free  negro  population, 
by  removal  or  otherwise. 

21.  The  general  assembly  shall  not  emancipate  any  slave,  or  the  descendant  of 
•anjr  slave,  either  before  or  after  the  birth  of  such  descendant. 

Taxation  and  Finance. 

22,  23,  amended  by  ordinance  of  state  convention,  No.  39,  winch  was  ratified 
by  vote  of  the  people  on  the  fourth  Tlmrsday.irt  May  eighteen  hundred  and  sixty- 
one,  to  take  effect  on  the  first  July  eighteen  hundred  and  sixty-one,  so  as  to  read 
as  follows : 

"Taxation  shall  be  equal  and  uniform  throughout  the  commonwealth ;  and  all 
property  shall  be  taxed  in  proportion  to  its  value,  which  shall  be  ascertained  in 
such  manner  as  may  be  prescribed  by  law;  but  any  property  may  be  exempted 
from  taxation  by  the  vote  of  a  majority  of  the  whole  number  of  members  elected 
So  each  house  of  the  general  assembly."    ' 

24.  A  capitation  tax,  equal  to  the  tax  assessed  on  land  of  the  value  of  two  hun- 
•died  dollars,  shall  be  levied  on  every  white  male  inhabitant  who  has  attained  the 
age  of  twenty-one  years;  and  one  equal  m.iety  of  the  capitation  tax  upon  whit© 
peisons  shall  be  applied  to  the  purposes  of  education  in  primary  and  free  schools; 
but  nothing  herein  contained  shall  prevent  exemptions  of  taxable  polls  in  cases  of 
bodily  infirmity. 

25.  The  general  assembly  may  levy  a  tax  -on  incomes,  salaries  and  licenses;  but 
no  tax  shall  be  levied  on  property  from  which  any  income  so  taxed  is  derived,  or 
-on  the  capital  invested  in  the  trade  or  business  in  respect  to  which  the  license  so 
taxed  is  issued.  .     . 

26.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance  of  appropria- 
te ns  made  by  law;  and  a  statement  of  the  receipts,  disbursements,  appropriations 
and  loans  shall  be  published  after  the  adjournment  of  each  session  of  the  general 
assembly,  with  the  acts  and  resolutions  thereof. 

27.  On  the  passage  of  every  act  which  imposes,  continues  or  revives  a  tax,  or 
■creates  a  debt  or  charge,  or  makes,  continues- or  revives  any  appropriation  of  pub- 
3ic  or  trust  mosey  or  property,  or  releases,  discharges  or  commutes  any  claim  or 
demand  of  the  state,  the  vote  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  same  shall  be  entered  on  the  journals  of 
the  respective  houses,  and  a  majority  of  all  the  members  elected  to  each  house  . 
ehall'be  necessary  to  give  it  the  force  of  a  law. 

28.  The  liability  to  the  state  of  any  incorporated  company  or  institution  to  re- 
deem the  principal  and  paj^the  interest  of  any  loan  heretofore  made,  or  which 
may  hereafter  be  made  by  the  state  to  suoh  company  or  institution,  shall  not  be 
released;  and  the  general  assembly  shall  not  pledge  the  faith  of  the  state,  or  bind 
it  in  any  form,  for  the  debts  or  obligation's  of  any  company  or  corporation. 

2 


18  CONSTITUTION    OF   VIRGINIA. 

29.  There  shall  he  set  apart  annually,  from  the  accruing  revenues,  a  sum  equal 
to  seven  per  cent.  of  the  state  debt  existing  on  the  first  day  of  January  in  the  year 
one  thousand  eight  hundred  and  fifty-two.  The  Innd  thus  set  apart  shall  he  called 
the  Sinking  fund,  and  shall  he  applied  to  the  payment  of  the  interest  of  the  state 
debt,  and  the  principal  of  such  (  art  as  may  he  redeeinahle.  If  no  part  he  re- 
deemable, then  the  residue  of  the  sinking  fund,  alter  the  payment  of  such  interest, 
filial  I  he  invested  in'  th«  hoods  or  certificates  of  debt  of  this  eomiuonwealth,  or  of 
the  Confederate  States,  of  of  some  of  the  stales  of  this  Confederacy,  and  applied 
to  the  payment  of  the  state  debt  as  it  shall  become  redeemable.  Whenever,  after 
the  said  first  day  of  January,  a  debt  shall  be  contracted  by  the  commonwealth, 
thcru  shall  be  set  apart  in  liky  manner,  annually,  for  thirty-four  yean*,  a  sum 
exceeding  by  one  per  cent,  the  aggregate  amount  of  the  annual  interest  agreed  to 
be  paid  thereon  at  the  time  of  its  contraction;  which  sum  shall  be  part  of  the 
ginlung  fund,  and  shall  be  applied  in  the  manner  bejore  directed.  The  general 
assembly  shall  not  otherwise  appropriate  any  part  of  the  sinking  fund  or  its  accru- 
ing interest,  except  in  time  of  war,  insurrection  or  invasion. 

80.  The  general  assembly  may,  at  any  time,  direct  a  sale  of  the  stocks  held  by 
the  commonwealth  in  internal  improvement  and  other  companies;  hue  the  pro- 
ceeds of  such  sale,  if  made  before  the  paytitcut  of  the:  public  debt,  shall  constitute 
A/part  of  the  sinking  fund,  ami  be  applied  in  like  man  in  r. 

31.  The  general  assembly  shall  not  contract  loans  or  cause  to  be  issued  certifi- 
cates of  debt  or  bonds  of  the  state,  irredeemable  for  a  period  greater  thau  thirty- 
four  years. 

General  Provisions. 

32.  The  general  assembly  shall  not  grant  a  charter  of  incorporation  to  any 
chuich  or  religious  denomination,  but  may  secure  the  title  to  church  property  to 
an  extent  to  be  limited  by  law. 

33.  No  lottery  shall  hereafter  be  authorized  by  law;  and  the  buying,  selling  or 
transferring  of  tickets  or  chances  in  an}'  lottery  not  now  authorized  by  a  law  of 
this  state,  shall  be  prohibited. 

34.  No  new  county  shall  be  formed  with  an  area  less  than  six  hnndred'sijuare 
hides;  nor  shall  the  counn  or  counties  from  which  it  is  formed  be  reduced  below 
that  area;  nor  shall  any  county,  having  a  white  population  less  than  five  thousand, 
be  deprived  of  more  than  one  filth  of  such  population;  imr  shall  a  county  having 
n  larger  white  population  be  reduced  below  four  thousand.  But  any  county,  the 
length  of  which  is  three  time  s  its  im-au  breadth,  or  which  exceeds  fifty  miles  in 
length,  may  be  divided  at  the  discretion  of  the  general  assembly.  In  all  general 
elections  the  voters  in  any  county,  not  entitled  to  separate  representation,  shall 
Vote  ill  the  same  election  distiict.         ► 

3. j.  The  general  assembly  shall  confer  on  the  courts  the  power  to  grant  divorces, 
change  the  names  of  pi  r>oo>.  and  direct  the  Kilg  of  estates  belonging  In  infants 
mid  other  persons  under  leg.il  disabilities,  but  shall  not,  by  special  legislation, 
grant  relief  in  such  eases,  or  in  any  other  eise  of  which  the  courts  or  other  tribu- 
nals may  have  jurisdiction. 


CONSTITUTION    OF    VIRGINIA..  .19" 

t$(t.  The  general  assembly  shall  provide  for  the  peiindical  registration  in  the 
several  counties,  efn'es  ami  towns,  of  the  voters  therein  ;  and  for  the  annual  regis- 
tration of  the  births,  marriages  and  deaths  in  the  white  population,  and  of  the 
births  and  deaths  in  the  colored  population  of  the  same,  distinguishing  between 
the  numbers  of  the  free  colored  persons  and  slaves. 

37.  The  general  assembly,  at  intervals  of  five  years  from  the  dates  of  the  re- 
turns of  the  census  of  the  Confederate  States,  shall  cause  to  be  taken  a  census 
and  such  statistics  of  this  state  as  may  be  prescribed  by  law;  which  renens  and 
statistics  shall  he  returned  to  the  secretary  of  the  commonwealth,  who  shall  com- 
pare and  correct  the  returns  and  report  the  same  to  the  general  assembly. 

33.  The  manner  of  conducting  and  miking  returns  of  elections,  of  determining 
contested  elections,  and  of  tilling  vacancies  in  office,  in  cases  not  specially  pro- 
vided for  Ity  this  constitution,  shall  he  prescribed  by  law;  but  special  elections  to 
fill  vacancies  in  the  office  of  judge  of  a-ny  court  shall  be  for  a  full  term.  And  the 
general  assembly  m  iy  declare  the  cases  in  which  any  office  shall  be  deemed  va- 
cant, where  no  provi.-ion  is  made  for  that  purpose  in  this  constitution. 

ARTICLE  V. 

EXECUTIVE   DEPARTMENT. 
Governor. 

1.  The  chief  executive  power  of  this  commonwealth  shall  be  vested  in  a 
governor.  He  shall  hold  the  office  for  the  term  of  lour  years,  to  commence  on 
the  first  day  of  January  next,  succeeding  his  election,  and  he  ineligible  to  the  same 
office  for  the  term  next  succeeding  that  for  which  he  was  elected,  and  to  any  other 
office  during  his  term  if  service. 

2.  The  governor  shall  be  elected  by  the  voters,  at  the  times  and  places  of 
choosing  members  of  the  general  assembly.  Returns  of  the  elections  shall  be 
transmitted,  under  seal,  by  the  proper  officers,  to  the  secretary  of  the  conimon- 
weaith,  who  shall  deliver  them  to  the  speaker  of  the  house  of  delegates  on  the  first 
day  of  the  next  session  of  the  general  assembly.  The  speaker  of  the  house  of 
delegates  shall  witlijn  one  week  thereafter,  in  the  presence  of  a  majority  of  the 
senate  and  house  of  delegates  open  the  said  returns,  and  the  votes  shall  then  be 
counted.  The  person  having  the  highest  number  of  votes  shall  be  declared  elected f 
but  if  two  or  more  shall  have  the  highest  and  an  equal  number  of  votes,  one-  of 
them  shall  be  chosen  governor  by  the  joint  vote  of  the  two  houses  of  the  general 
assembly.  Contested  elections  for  governor  shall  be  decided  by  a  like  vote,  and 
the  mode  of  proceeding  in  such  cases  shall  be  prescribed  by  law. 

3.  No  person  shall  be  eligible  to  the  office  of  governor  unless  lie  has  attained 
the  age  ol  thirty  years,  is  a  native. citizen  of  the  Confederate  States,  and  has  be.n 
a  citizen  of  Virginia  lor  five  years  next  preceding  liis  election. 

4.  The  governor. shall  reside  at  the  seat  of  government;  shall  receive  five  thou- 
sand dollars  lor  each  year  of  his  services,  and  while  in  office,  shall  receive  no  other 
emolument  fioiu  this  or  any  other  government. 


20  CONSTITUTION    OF   VIRGINIA. 

5.  He  shall  take  care  that  the  laws  be  faithfully  executed  ;  communicate  to  the 
general  assembly  at  cvejry  sesfion  the  condition  of  the  commonwealth  ;  recommend 
to  their  consideration  such  measures  as  he  may  deem  expedient;  and  convene  tlio 
general  assembly  on  application  of  a  majority  of  the  members  of  both  houses 
thereof,  or  when  in  his  opinion  the  interest  of  the,  commonwealth  may  require  it. 
He  shall  be  commander-in-ehief  of  the  land  and  naval  forces  of  the  state;  have 
power  to  embody  the  militia  to  repel  invasion,  suppress  insurrection,  and  enforce 
the  execution  of  the  laws ;  conduct,  either  in  person  or  in  such  other  manner  as 
shall  be  prescribed  by  law,  all  intercourse  with  other  and  foreign  states ;  and, 
during  the  recess  of  the  general  assembly,  fill,  pro  tempore,  all  vacancies  in  those 
offices  for  which  the  constitution  and  laws  make  no  provision :  but  his  appoint- 
ments to  such  vacancies  shall  be  by  commissions  to  expire  at  the  end  of  thirty 
days  after  the  commencement  of  the  next  session  of  the  general  assembly.  IIo 
shall  have  power  to  remit  fines  and  penalties  in  such  cases  and  under  such  rules 
and  regulations  as  may  be  prescribed  by  law;  and,  except  when  the  prosecution 
lias  been  carried  on  by  the  house  of  delegates,  or  the  law  shall  otherwise  particu- 
larly direct,  to  grant  reprieves  and  pardons  after  conviction,  and  to  commute  capital 
punishment;  but  he  shall  communicate  to  the  general  assembly,  at  each  session, 
the  particulars  of  every  case  of  fine  or  penalty  remitted,  of  reprieve  or  pardon 
granted,  and  of  punishment  commuted,  with  his  reasons  for  remitting,  granting  or 
commuting  the  same. 

6.  He  may  require  information  in  writing  from  the  officers  in  the  executive  de- 
partment, upon  any  subject  relating  to  the  duties  of  their  respective  offices;  and 
ma}'  also  require  the  opinion  in  writing  of  the  attorney  general  upon  any  question 
Of  law  connected  with  his  official  duties. 

7.  Commissions  and  giants  shall  run  in  the  name  of  the  commonwealth  of  Vir- 
ginia, and  be  attested  by  the  governor,  with  the  seal  of  the  commonwealth  annexed. 

Lieutenant  Governor. 

8.  A  lieutenant  governor  shall  be  elected  at  the  same  time,  and  for  the  same 
term  as  the  governor,  and  his  qualification  and  the  manner  of  his  election  in  all 
respects  shall  be  the  same. 

9.  In  case  of  the  removal  of  the  governor  from  office,  or  of  his  death,  failure  to 
qualify,  resignation,  removal  from  the  state,  or  inability  to  discharge  the  powers 
and  duties  of  the  office,  the  said  office,  with  its  compensation,  shall  devolve  upon 
the  lieutenant  governor ;  and  the  general  assembly  shall  provide  by  law  for  the 
discharge  of  the  executive  functions  in  other  necessary  cases. 

10.  The  lieutenant  governor  shall  be  president  of  the  senate,  but  phall  have  no 
.vote;  and  while  acting  as  such,  shall  receive  a  compensation  equal  to  that  allowed 
to  the  speaker  of  the  house  of  delegates. 

Secretary  of  the   Commonwealth,   Treasurer  and  Auditor. 

11.  A  secretary  of  the  commonwealth,  treasurer  and  an  auditor  of  public  ao- 
•cormte  shall  be  elected  by  the  joint  vote  of  the  two  houses  of  the  general  assembly, 
awd  continue  in  office  for  the  term  of  two  years,  unless  sooner  removed. 


.   CONSTITUTION    OF    VIRGINIA.  21 

• 

.  12.  The  secretary  shall  keep  a  record  of  the  official  actB  of  the  governor,  which 
shall  be  signed  by  the  governor  and  attested  by  tie  secretary  ;  and  when  required, 
he  shall  lay  the  same,  and  any  papers,  minutes  and  vouchers  pertaining  to  his 
office,  before  either  house  of  the  general  assembly  ;  and  shall  perform  such  other 
duties  as  may  be  prescribed  by  law. 

13.  The  powers  and  duties  of  the  treasurer  and  auditor  shall  be  such  as  now 
are,  or  may  be  hereafter  prescribed  by  law. 

Board  of  Public   Works. 

14.  There  shall  be  a  board  of  public  works,  to  consist  of  three  commissioners. 
"The  state  shall  he  divided  into  three  districts,  containing  as  nearly  as  may  be 
equal  numbers  of  voters,  and  the  voters  of  each  district  shall  elect  one  commis- 
sioner, whose  term  of  office  shall  be  six  years:  but  of  those  first  elected,  one,  to 
be  designated  by  lot,  shall  remain  in  office  for  two  years  only,  and  one  other,  to  be 
designated  in  like  manner,  shall  remain  in  office  for  four  years  only. 

15.  The  general  assembly,  at  its  first  session  after  the' adoption  of  this  consti- 
tution, shall  provide  fur  the  election  and  compensation  of  the  commissioners,  and 
the  organization  of  the  board.  The  commissioners  first  elected  shall  assemble  on 
a  day  to  be  appointed  by  law,  and  decide  by  lot  the  order  in  which  their  terms  of 
service  shall  expire.  . 

in.  The  board  of  public  works  shall  appoint  all  officers  employed  on  the  publie 
works,  and  all  persons  representing  the  interest  of  the  commonwealth  in  works  of 
internal  improvement,  and  shall  perform  such  oilier  duties  as  may  be  prescribed 
by  law. 

17.  The  members  of  the  board  of  public  works  may  be  removed  by  the  con- 
current vote  of  a  majority  of  all  the  members  elected  to  each  house  of  the  general. 
assembly  ;  but  the  cause  of  removal  shall  be  entered  on  the  journal  of  each  house. 

18.  The  general  assembly  shall  have  power,  by  a  vote  of  three-fifths  of  the 
members  elected  to  eacli  house,  to  abolish  said  hoard  whenever  in  their  opinion  a 
board  of  public  works  shall  no  longer  be  necessary. 

Militia. 

19.  The  manner  of  appointing  militia  officers  shall  be  prescribed  by  law. 

ARTICLE  VI. 

JUDICIARY   DEPARTMENT. 

1.  There  shall  be  a  supreme  court  of  appeals,  district  courts  and  circuit  courts. 
The  jurisdiction  of  these  tribunals,  and  of  the  judges  thereof,  except  so  far  as  the 
same  is  conferred  by  this  constitution,  shall  be  r<  gulated  by  law. 

Judicial  Divisions. 

2.  The  state  shall  be  divided  into  twenty-one  judicial  circuits,  ten  districts  and 
live  sections. 


22 


CONSTITUTION   OF    VIRGINIA. 


I.    The  enmities  nf  Princess   Anile,  Norfolk,  Nanee.monn,)  Isle  of  Wight.  SontVarnpfcraij 
Greenesville,  Surry  and  Sussex  and  the  city  of  Norfo  k  shall  constitute  the  first  circuit 
'    II.   The  counties  of  Prince  George    Pimviddie,  Brun-wiik.  Mecklenburg.  I .nreuhtirft 
Nottoway.  Amelia,  Chesterfield  and  Powhatan  aud  the  city  of  Petersburg  shall  constitute 
the  second  circuit. 

III.  The  counties  of  Cumberland,  Buckingham,  Appomattox,  Campbell  Prince  Edward, 
Charlotte  and  Halifax  and  this  town  of  Lynchburg  shall  constitute  ihe  third  circuit. 

IV.  Tlie  counties  of  Pittsylvania,  Bedford,  Franklin,  Patrick  and  Henry  shall  constitute 
the  fourth  circuit. 

V.  The  counties  of  Accomack  and  Northampton  shall  constitute  the  fifth  circuit. 

VI.  The  counties  of  Elizabeth  City,  Warwick,  \  oik  Gloucester.  Matthews,  Middlesex, 
Henrico.  New  Kent,  Charles  City  and  James  City  and  the  city  of  Williamsburg  sliall  con- 
stitute the  sixth  circuit. 

VII.  The  city  of  Richmond  shall  be  tlie  seventh  circuit. 

VI II.  The  counties  of  Lancaster,  Nor'nuuiberlaiid;  Richmond,  Westmoreland,  King 
Geoige,  Spotsylvania.  Caroline,  Hanover,  King  William,  King  &  Queen  and  Essex  shall 
Constitute  the  eighth  circuit. 

IX.  The  counties  of  Stafford,  Prince  "William,  Alexandria.  I'aiifax,  Loudoun,  Fau<|uier 
end  Rappahannock  shall  constitute  the  ninth  circuit. 

X.  The  counties  of  Culpeper,  Madison,  Greene,  Orange,  Albemarle,  Louisa,  Fluvanna 
and  Goochland  shall  constitute  the  Lenth  circuit.. 

XI.  The  counties  of  Nelson,  Amherst,  Rockbridge,  Augusta  aud  Bath  shall  constitute 
the  eleventh  circuit. 

XII  The  counties  of  Pendleton,  Highland,  Rockingham,  Page,  Shenandoah,  Warren 
and  Hardy  shall  constitute  the  twelfth  circuit. 

XIII.  Tlie  counties  of  Clarke,  Frederick,  Hampshire,  Morgan,  Berkeley  and  Jefferson 
shall  constitute  the  thirteenth  circuit. 

XIV.  'Hie  counties  of  Monroe,  Greenbrier,  Pocahontas,  Alleghany,  BotetouM,  Roanoke 
and  Craig  shall  constitute  the  fourteenth  circuit. 

XV.  The.  counties  of* Giles,  Mercer,  Raleigh,  Wyoming,  Logan,  Boone,  Fayette  aud  Ni- 
cholas shall  constitute  the  fifteenth  circuit.* 

XVI.  The  counties  of  Grayson,  Cairo]],  Wythe,  Floyd.  Pulaski  and  Montgomery  shall 
constitute  the  sixteenth  circuit,  t 

XVII  Tl  e  counties  of  Smyth,  Tazewell,  Washington,  Russell,  Scott  and  Lee  shall  con- 
stitute the  seventeenth  circuit  f 

XVIII.  The  counties  of  Wayne,  Cabell,  Mason,  Jackson,  Putnam  and  Kanawha  shall 
constitute,  the  eighteenth  circuit. $ 

XiX.  The  counties  of  Wood.  Wirt,  Gilmer,  Braxton,  Lewis,  Ritchie,  Doddridge  and 
Plea-ants  shall  constitute  the  nineteenth  circuit. || 

XX.  The  counties  of  Hancock,  Brooke,  Ohio,  Marshall,  Wetzel,  Tyler  and  Monongalia 
•ehail  constitute  the  twentieth  circuit.     l 

XXI.  And  the  counties  of  Harrison,  Marion,  Taylor,  Preston,  Barbour,  Randolph  and 
Upshur  shall  cuustitute  the  twenty-first  circuit. If 

3.  The  first  and  seeond  circuits  shall  constitute  the  first  district;  the  third  and 
-fourth  circuits  the  second  district;  the  fifth,  sixth  and  seventh  circuits  the  third 
•district;  the  eighth  and  ninth  circuits  tlie  fourth  district;  the  tenth  and  eleventh 
ciicuits  the  fifth  district;  the  twelfth  ami  thirteenth  circuits  the  sixtli  district;  the 
fourteenth  and  fifteenth  circuits  the -seventh  district;  the  sixteenth  anil  seventeenth 
circuits  tlie  eighth  district :  the  eighteenth  and  nineteenth  circuits  the  ninth  dis- 
trict; and  the  twentieth  and  twenty-first  circuits  the  tenth  district. 


*Clay  county  is  attached  to  flip  15th  circuit.  Acta  1857-8,  ch.  158,  §  13,  p.  113.  AVebster  county  is  at- 
•tached  to  V<r  saute  circuit      At  ts  l8r>9-60,  eh.  47,  §  14,'p    156 

t  Bland  c  ••nitty  is  attached  to  the  16n  circuit.     Acts  1860-61,.  ch   23,  §  12.  n.  48. 

+  Wi-f  county  is  attached  t..  the  i7  h  circuit.  Acts  1855-6  ch  10?  §  l3,  p.  89.  McDowell  com  ty  in 
■attached  to  tln-Vmie  circuit  A-ts  11*57-8,  ch.  155,  §  12,  p  117  Buchanan  county  is  attached  to  the  name 
•cire-it      Acih  1857-8,  ch.  150,  §  12,  p„l  i0, 

Subtle  county  is  attached  t..  the  18th  circuit.     Acts  1856-7  ch    1C9.  (j  14.  n.  94 

j|C  tllioun  county  is  attached  to  the  19t     circuit.     Acts  )t5(>-7  ch.  ll8-§    0,  p  91. 

j\  Tucker  county  it)  attached  to  the  21ot  circuit.     Acts  18."6-7,  ch.  110,  §  13,  p.  17. 


CONSTITUTION    OF    VIRGINIA.  23 

4.  TIi*'  first  and  second  districts  si  mil  constitute  the  first,  section  ;  tlje  tliird  and 
fourth  districts  the  second  section;  the  fifth  nnd  sixth  districts  the  tliird  section; 
the  seventh  fiii't  eighth  distiicts  the  fourth  section:  and  tlie  ninth  and  tenth  districts 
the  fifth  section. 

5.  Tlie  general  npsenddv  may,  at  the  end  of  eight  years  after  the  adoption  of 
this  constitution,  and  thereafter  at  intervals  of  eight  years,  rearrange  tlie  said  c;r- 
cnifs,  districts  and  sections,  and  place  any  number  of  circuits  in  a  o'i-'trict,  and  of 
districts  in  a  section  ;  hut  each  circuit  shall  he  altogether  in  one  district,  and  each; 
district  in  oik-  section  ;  and  there  shall  not  be  less  than  two  districts  and  four  cir- 
cuits in  a  section,  ant!  the  number  of  sections  shall  not  be  increased  or  diminished. 

Circuit.   Courts. 

6.  For  each  circuit  a  judge  shall  be  elected  by  the  voters  thereof,  who  shall  hold 
2iis  oflice  tor  the  lenn  of  i  ight  years,  unless  sooner  removed  in  the  manner  pre- 
scribed by  this  constitution.  He  shall  at  tlie  time  of  his  election  he  at  least  thiity 
3'caTs  of  age,  and  duiing^  his  continuance  in  ofliee  shall  reside  in  the  circuit  of 
which  he  is  judge 

7.  A  circuit  court  shall  be  held  at  least  twice  a  year  by  the  judge  of  eacfl  cir- 
cuity in  every  comity  and  corporation  thereof,  wherein  a  circuit  court  is  now  or 
may  hereafter  lie  established.  But  the  judges  in  the- same  district  may  be  required 
or  authorized  to  hold  the  courts  of  their  respective  circuits  alternately  v  and  a  judge 
of.  one  circuit  to  hold  a  court  in  an}'  other  circuit. 

District   Courts. 

8.  A  dis'iict  court  shall  be  held  at  least  once  a  year  in  evesy  district,  by  the 
judges  of  the  « ireuits  constituting  the  c-et'ttuii  and  the  judge  of  the  supreme  court 
of  appeals  for  the  section  of  which  the  district  forms  a  part;  any  three  of  whom 
may  hold  a  court;  but  no  judge  shall  sit  or  decide  upon  any  appeal  taken  from  hia 
own  decision.  The  judge  of  the  supreme  court  of  appeals  of  one  section  may  sit 
in  the  district  courts  of  another  section,  when  required  or  authorized  by  law  to 
do  so. 

9.  The  district  courts  shall  not  have  original  jurisdiction,  except  in  cases  of  ha- 
beas corpus,  mandamus  and  prohibition.  .  . 

Court  of  Appeals. 

10.  For  each  section  a  judge  shall  be  elected  by  the  voters  thereof,  who  shall 
hold  his  nthec  for  the  term  of  twelve  years,  unless  sooner  removed  in  the  manner 
prescribed  by  this  constitution.  He  shall  at  the  time  of  his  election  be  at  l«ast 
thirty  five  years  of  age,  and  during  his  continuance  in  office  reside  in  the  section 
for  which  he  is  elected. 

11.  The  supreme  court  of  appeals  shall  consist  of  the  five  judges  so  elected, 
any  three  of  whom  may  hold  a  court  It  shall  have  appellate  jurisdiction  01113% 
except  in  cases  of  habeas  corpus,  mandamus  and  prohibition.  It  shall  not  lm.ro 
jurisdiction  in  civil  causes  where  the  mutter  in  controversy,  exclusive  of  costs,  is 


24  CONSTITUTION    OF   VIKGINTA. 

less  in  vine  or  amount  than  five  hundred  dol'ars,  except  in  controversies  con- 
cerning the  title  or  boundaries  of  land,  the  probate  of  a  Will-,  the  appointment  or 
qualification  of  a  personal  representative,  guardian,  committee  or  curator;  or  con- 
cerning a  mill,  road,  way,  ferry  or  landing,,  or  the  right  of  a  corporation  or  of  a 
county  to  levy  tolls  or  taxes;  and  except  in  eases  of  habeas  corpus,  mandamus 
and  prohibition,  and  cases  involving  freedom  or  the  constitutionalit}'  of  a  law. 

12.  Special  courts  of  appeals,  to  consist  of  not  less  than  three  nor  more  than 
five  judges,  may  he  formed  of  the  judges  of  the  supreme  court  of  appeals  and  of 
the  circuit  courts,  or  any  of  them,  to  try  any  cases  remaining  on  the  dockets'  of 
the  present  court  of  appeals  when  she  judges  thereof  cease  to  hold  their  offices;  or 
to  try  any  cases  which  may  he  on  the  dockets  of  the  supreme  court  of  appeals 
established  by  this  constitution,  in  respect  t«>  which  a  majority  of  the  judges  of 
said  court  may  be  so  (pituated  as  to  make  it  improper  for  them  to-  sit  on  the  hear- 
ing thereof. 

13.  When  a  judgment  or  decree  is  reversed  or  affirmed  by  -the  supreme  court  of 
appeals,  the  reasons  therefor  shall  be  stated  in  wiiiing,  and  preserved  with  the  re- 
cord of  the  case. 

*  General  Provisions. 

14.  Judges  shall  be  commissioned  by  the  governor,  and  shall  receive  fixed  and 
adequate;  salaries,  which  shall  not  be  diminished  during  their  continuance  in  office. 
The  salary  of*a  judge  of  the  supreme  court  of  appeals  shall  not  be  less  than  three 
thousand  dollars,  and  that  of  a  judge  of  :i  circuit  court  not,  less  than  two  thousand 
dollars  per  annum,  except  that,  of  the  judge  of  the  fifth  circuit,  which  shall  not  be 
less  than  fifteen  hundred  dollars  per  annum;  and  each  shall  receive  a  reasonable 
allowance  for  necessary  travel. 

15.  No  judge,  during  bis  term  of  service,  shall  hold  any  other  office,  appoint- 
ment or  public  trust,  and  the  acceptance  thereof  shall  vacate  his  judicial  office; 
nor  shall  he,  during  such  term,  or  within  one  year  thereafter,  be  eligible  to  any 
political  office. 

16.  No  election  of  judge  shall  be  held  within  thirty  days  of  the  time  of  holding 
any  election  of  electors  of  president  and  vice-president  of  the  Confederate  States, 
of  members  of  congress  or  of  the  general  assemmy. 

17.  Judges  may  be  removed  from  office  Ivy  a  concurrent  vote  of  both  houses  of 
the  general  assembly,  birr  a  majority  of  all  the  members  elected  to  each  .house 
must  concur  in  such  vote;  and  the  c:i'ise  of  removal  shall  be  entered  on  the  jour- 
nal of  each  house.  •  The  judge  against  whom  the  general  assembly  may  be  about 
to  proceed,  shall  receive  notice  thereof,  accompanied/ by  a  copy  of  the  causes  al- 
leged for  his  removal,  at  least  twenty  days  before  the  day  on  which  either  house  of 
the  general  assembly  shall  act  thereupon. 

18.  The  officers  of  the  supreme  court  of  appeals  and  of  the  district  courts  shall 
be  appointed  by  the  said  courts  respectively,  or  by  the  judges  thereof  in  vacation. 
Their  duties,  compensation  and  tenure  of  office  shall  be  prescribed  by  law. 

"19  The  voters  of  each  county  or  corporation  in  which  a  circuit  court  is  held 
shall  elect  a  clerk  of  such  court,  who«e  term  of  office  ?diall  be  six  years.     The  at- 


CONSTITUTION    OF   VIRGINIA.  25 

tomcy  for  the  common  wealth,  elected  for  a  county  or  corporation  wherein  a  circuit 
court  is  directed  to  be  held,  shall  he  attorney  for  the  commonwealth  for  that  court; 
but  in  case  a  circuit  court  is  held  for  a  city  or  for  a  county  and  a  city,  there  shall 
be  an  attorney  for  the  commonwealth  for  Mich,  to  be  elected  by  the  voters  of  such 
city  or  county  and  city,  and  to  cmtinue  in  office  for  the  term  of  four  years.  The 
duties  and  compensation  of  these  officers,  and  the  mode  of  removing  them  from 
office,  shall  be  prescribed  by  law. 

20.  When  a  vacancj'  shall  occur  in  the  office  of  clerk  of  any  court,  such  court 
may  appoint  a  clerk  pro  tempore,  who  shall  discharge  the  duties  of  the  office  until 
the  vacancy  is  filled. 

21.  The  general  assembly  shall  provide  for  the  compensation  of  jurors,  but  ap- 
propriations for  that  purpose  shall  not  he  made  from  the  state  treasnrj7,  except  in 
prosecutions  for  felony  and  misdemeanor. 

22.  At  every  election  of  a  governor,  an  attorney  general  shall  he  elected  by  the 
voters  of  the  commonwealth  for  the.  term  of  four  years.  He  shall  be  commissioned 
by  the  governor,  shail  perform  such  duties  and  receive  such  compensation  as  may 
be  prescribed  by  law,  and  be  removable  in  the  manner  prescribed  for  the  removal 
Jot  judges. 

23.  Judges  and  all  other  officers,  whether  elected  or  appointed,  shall  continue 
to  discharge  the  duties  of  their  respective  offices  after  their  terms  of  service  have 
expired,  until  their  successors  are  qualified. 

24.  Writs  shall  run  in  the  name  of  the  commonwealth  of  Virginia,  and  he  at- 
tested by  the  clerks  of  the  several  courts.  Indictments  shall  conclude,  against 
the  peace  and  dignity  of  the  commonwealth. 

County   Courts'. 

25.  These  shall  be  in  each  county  of  the  commonwealth  a  county  court,  which 
shall  be  held  monthly,  by  not  less  than  three  nor  more  than  five  justices,  except 
when  the  law  shall  require  the  presence  of  a  greater  number. 

2G.  The  jurisdiction  of  the  said  courts  shall  be  the  same  as  that  of  the  existing 
county  courts,  except  so  far  as  it  is  modified  by  this  constitution,  or  may  be 
changed  by  law. 

27.  Each  county  shall  be  laid  off  into  districts,  as  nearly  equal  as  may  be  in 
territory  and  population.  In  each  district  there  shall  he  elected,  by  the  voters 
thereof,  four  justices  of  the  peace,  who  shall  be  commissioned  by  the  governor,  re- 
side in  their  respective  districts,  and  hold  their  offices  for  the  term  of  four  years. 
The  justices  so  elected  shall  choose  one  of  their  own  body,  who  shall  be  the  pre- 
siding justice  of  tiie  county  court,  and  whose  duty  it  shall  he  to  attend  each  term 
of  said  court.  The  other  justices  shall  be  classified  by  law  for  the  performance  of 
their  duties  in  court. 

28.  The  justices  shall  receive  for  their  services  in  court  a  per  diem  compensa- 
tion, to  be  ascertained  by  law,  and  paid  out  of  \\\q  county  treasury;  and  shall  not 
receive  any  fee  or  emolument  for  other  judicial  services. 


2G  CONSTITUTION    OF   VIRGINIA. 

29.  The  power  and  jurisdiction  of  justices  of  the  peace  within  their  respective 
counties  shall  he  prescribed  by  law. 

,  County  Officers. 

80.  The  voters  of  each  county  shall  elect  a  clerk  of  the  county  court,  a  surveyor, 
an  attorney  for  the  commonwealth,  a  sheriff,  and  so  many  c  unniissiouers  of  the 
revenue  as  may  he  authorized  by  law,  who  shall  h.ld  their  respective  offices  as 
follows:  Theeleik  and  the  surveyor  for  the  term  of  six  years;  the  attorney  for  the 
term  of  four  years;  the  sheriff  and  tin- commissioners  for  the  term  of  two  years. 
Constables  and  overseers  of  the  poor  shall  he  elected  by  the  voters,  as  may  be  pie- 
scribed  by  law. 

31.  The  officers  mentioned  in  the  preceding  section,  except  the  attorneys,  shall 
reside  in  the  counties  or  districts  for  which  they  were  respectively  elected.  No 
person  elected  for  two  successive  terms  to  the  office  of  sheriff,  shall  lie  re- eligible 
to  the  same  office  for  the  next  succeeding  term;  nor  shall  he,  (lining  his  term  of 
service,  or  within  one  year  thereafter,  be  eligible  to  any  political  office. 

32.  The  justices  of  the  peace,  sheriffs,  attorneys  for  the  commonwealth,  clerks 
of  the  circuit  and  county  courts,  and  all  other  county  officers,  shall  be  subject  to 
indictment  for  malfeasance,  misfeasance  or  neglect  of  official  duty;  and  upon  con- 
viction thereof,  their  offices  shall  become  vacant. 

Corporation   Courts  and  Officers. 

33.  The  general  assembly  may  vest  such  jurisdiction  as  shall  be  deemed  neccs-- 
sary  in  corporation  couits,  and  in  ihe  magistrates  who  may  belong  to  the  corporate 
bodj*. 

34.  All  officers  appertaining  to  tlie  cities  and  other  municipal  corporations,  shall 
be  elected  l»y  the  qualified  voters,  or  appointed  by  the  constituted  authorities  of 
such  cities  or  corporations,  as  may  be  prescribed  by  law. 

Done  in  convention,  in  the  city  of  Richnrnnd,  on  the  first  day  of  August,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-one,  and  in  the 
seventy-sixth  year  of  the  commonwealth  of  Virginia. 

•     JOHN  Y.  MASON, 

PresH  of  the  Convention. 
S.  D.  WHTTTLK, 

Secretary  of  the  Convention. 


SCHEDULE 


Sen.  . 

).    Duty  nf  presidint  ef  convention. 

2.  Cm  BTifmioti.  tiijv  pul>lish<d 

3.  H""  pnt'tiiitterf*ti>  people  for  ratification  or  re- 

j  cjinu.. 

4.  Iw&nhifinnti  for  ascertaining  sense  nf  voters. 

5.  Result,  It' w  asd  rtfiini  d     nil  |  ri'd:  inn  d      ("Sp- 

in rsi1   election  for  legislature  and  execuhve 

officers. 

6.  Eleetion,  hi  w  conducted. 

7.  Return  nf  noli* 

8.  Officers,  whi-ri  a>'d  where  t"  assemble. 

9.  L'  ('Mature,    whtn    aiid    where    to    assemble. 

Their  oaths. 


,.  Per. 

10.  Legislature   under  former    constitution,    abro- 

prme". 

11.  Term  <f  memberw  o<  legislature. 

12  Term  <  f  governor,  lieutenant  governor  and  at- 

mnii  y  general 

13  Terms  <*f  judges,  when  to  expire. 

14  AVhen  f  inner  ex>(  utiv  office 'o  expire     Other 

officers,  how  lorg  to  remain  in  <  ffice. 
15.    H"W  long  eourts-t"  continue.     Laws  to  remain 

in  force,  how  loi  g 
lfi    Legislature  to  carry  constitution  into  effect. 


1.  It  shall  be  the  duty  of  Hie  president  of  this  convention,  immediately  on  its 
adjournment,  to  certify, to  tin-  governor  si  cony  of  the  bill  of  rights  and. constitu- 
tion adopted,  together  with  this  schedule. 

2.  Upon  the  receipt  of  such  certified  copy,  the  governor  shall  forthwith  announce 
the  fact  by  proclamation,  to  be  published  in  such  newspapers  of  the  state  as  may 
be  deemed  requisite  for  general  information  ;  and  shall  annex  to  his  proclamation 
a  copy  of  the  bill  of  rights  and  constitution,  together  with  this  seh<Jdnh?;  which 
proclamation,  bill  of  rights,  constitution  and  schedule  shall  be  pnhlished  in  the 
manner  indicated,  for  the  period  of  one  month;  jind  ten  printed  copies  thereof 
shall,  by  the  secretary  of  the  commonwealth,  be  immediately  Iransnlitted  by  mail 
to  the  cleik  of  each  county  and  corporation  court  in  this  commonwealth,  to  he  by 
such  cleik  submitted  to  the  examination  of  any  person  de.-iiing  the  same. 

3.  Tlii-  officers  authorized  by  existing  laws  to  conduct  general  dictions  shall,  at 
the  places  appointed  for  holding  the  same,  open  a"  poll-book  on  the  fourth  Thurs- 
day in  October  next,  to  be  headed  "The  Constitution  as  amended  and  Schedule," 
and  to  contain  two  separate  columns^  the  first  column  to  be  headed  "For  Ratify- 
ing;" the  other  to  be  headed  "For  Rejecting."  And  such  officers,  keeping  said 
polls  open  for  the  space  of  three  days,  shall  then  and  there  receive  and  record  in 
said  poll-lxiok  the  votes  fur  and  against  this  constitution  and  schedule,  ol  all  per- 
sons qualified,  under  the  existing  or  amended  constitution,  to  exercise  the  right  of 
suffrage. 

4.  The  taking  of  the  polls,  the  duties  to  he  performed  by  the  officers,  the  privi- 
lege of  the  voters,  and  the  penalties  attaching  for  misconduct  on  the  part  of  any 
person,  shall  be  in  all  things  as  prescribed  by  the  second,  third,  fourth,  seventh, 
eighth  and  ninth  sections  of  the  act  of  the  general  assembly  passed  Match  the 
fourth,  one  thousand  eight  bundled  and  fifty,  entitled  "An  act  to  take  the  sense  of 
the  people  upon  the  call  of  a  convention,  and  providing  for  organizing  the  same," 
so  far  as  the  provisions  of  said  si  ctions  may  be  applicable. 


2S  SCHEDULE. 

5.  It  shall  be  the  duty  of  the  governor,  upon  receiving  the  returns  of  said  offi- 
cers, to  ascertain  the  result  thereof,  and  forthwith  to  declare  the  same  by  his  pro- 
clamation, stating  the  aggregate  vote  in  the  state  for  and  against  the  ratification 
of  the  amended  constitution  and  schedule,  which  shall  he  published  at  lea^t>onco 
a  week  until  the  second  Monday  in  December  next,  in  such  newspapers  as  in  his 
opinion  will  be  best  calculated  to  diffuse  general  information  thereof*;  and  if  it 
appear  that  a  majority  of  ihe  votes  cast  is  in  favor  of  ratification,  the  governor,  at 
the  same  time,  and  in  like  manner,  shall  make  proclamation  mr  holding,  on  the 
day  last  mentioned,  a  general  election  throughout  the  state  for  delegates  and  sena- 
tors to  the  general  assembly,  according  to  the  apportionment  and  distiicts  pre- 
scribed in  this  constitution;  and  also  for  the  election. of  a  governor,  lieutenant 
governor  and  attorney  general. 

G.  The  officers  authorized  by  existing  laws  to  hold  and  conduct  general  elec- 
tions, shall  hold  and  conduct  the  elections  herein  required;  and  such  officers  and 
all  other  persons  shall  he  governed  and  emit  rolled  therein  by  the  provisions  of  said 
laws,  so  far  as  the  same  may  be  applicable  to  and  necessary  for  the  proper  con- 
ducting of  the  said  elections.  Duplicate  polls  shall  be  separately  kept  for  go- 
vernor and  lieutenant  governor,  for  attorney  general,  and  lor  senators  and  dele- 
gates to  the  general  assembly,  which  shall  he  verified  by  the  oaths  of  the  officers 
conducting  the  elections. 

7.  The  verified  duplicate  polls  for  governor,  lieutenant  governor  and  attorney 
general  shall  be  deposited  with  the  clerks  of  the  several  counties  and  cities,  who 
shall  retain  one  in  their  respective  offices,  and  transmit  the  other  by  mail  to  the 
secretary  of  the  commonwealth. 

8.  In  the  election  of  senators  and  delegates  for  districts  formed  of  more  than 
one  county  and  city,  the  officers  conducting  the  same  at  the  court-In. use  of  the 
several  counties  and  cities  forming  each  district  shall  assemhle,  on  the  eighth  day 
after  the  commencement  of  the  said  election,  at  the  court-house  of  the  county  or 
city  first,  named  as  one  of  the  counties  of  the  district;  shall  compare  the  polls  and 
ascertain  the  result,  and  shall  deliver  and  return  certificates  of  election  according 
to  the  laws  now  in  force. 

0.  The  members  of  the  general  assembly  so  elected  shall  meet  at  the  capitol  in 
the  city  of  Richmond  On  the  second  Monday  in  January  in  the  year  one  thousand 
eight  hundred  and  fifty  two,  and  then  and  them  organize  as  the  General  Assembly 
of  Virginia;  but  before  such  organization,  they  shall  respectively  take  the  oath  of 
fidelity  to  the  commonwealth,  and  the  other  oaths  of  office  required  by  the  laws 
now  in  force. 

10.  The  election  of  members  of  the  general  assembly  under  this  constitution 
shall  vacate  the  seats 'of  those  elected  under  the  present  constitution. 

11.  The  official  terms  of  the  delegates  first  elected  to  the  general  assembly 
under  this  constitution  shall  expire  on  the  30th  day  of  June,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-three. 

12.  The  official  terms  of  the  first  governor,  lieutenant  governor  and  attorney 
general  elected  under  ibis  constitution  shall  expire  on  the  thirty- first  day  of  De- 
cember, in  the  year  one  thousand  eight  hundred  and  fifty-live. 


SCHEDULE. 


29 


13.  The  present  judges _  of  the  supreme  court  of  appeals  and  of  fhe  circuit 
courts,  and  their  successors,  who  may  be  appointed  under  the  existing  constitution, 
shall  remain  in  office  until  such  time  as  the  law  ma}r  prescribe  for, the  commence- 
ment of  the  official  terms  of  the  judges  under  the  amended  constitution,  and  no 
longer;  which  time  shall  not  be  more  than  six  months  after  the  termination  of 
the  first  session  of  the  general  assembly  under  the  amended  constitution. 

14.  The  executive  department  of  the  government  shall  remain  as  at  present 
organized ;  and  the  governor  and  councillors  of  state  and  their  successors  appointed 
under  tho  existing  constitution  shall  continue  in  office  until  a  governor  elected 
under  this  constitution  shall  be  qualified ;  and  all  other  persons  in  office  when  this 
tonstiiution  is  adopted,  except  as  is  herein  otherwise  expressly  directed,  shall  con- 
tinue in  office  until  their  successors  are  qualified;  and  vacancies  in  office,  hap- 
pening before  auch  qualification,  shall  be  filled  in  the  manner  now  prescribed 
by  law. 

15.  All  the  courts  of  justice  now  existing  shall  continue  with  their  present 
jurisdiction  until  and  except  so  far  as  the  judicial  system  may  or  shall  be  other- 
wise organized ;  and  all  laws  in  force  when  this  constitution  is  adopted,  and  not 
inconsistent  therewith,  and  all  rights,  prosecutions,  actions,  claims  and  contracts 
shall  remain  and  continue  as  if  this  constitution  was  not  adopted. 

16.  Tho  general  assembly  shall  pass  all  laws  necessary  for  carrying  this  consti- 
tution into  full  effect  and  operation. 

Done  in  convention,  in  the  city  of  Richmond,  on  the  first  day  of  August,  in  tho 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-one,  aud  in  tho 
seventy-sixth  year  of  the  commonwealth  of  Virginia. 


D.  WHITTLE, 

Secretary  of  the  Convention, 


JOHN  Y.  MASON, 

Preset  of  the  Convention. 


.' 


RARE  BOOK 
COLLECTION 


THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 

AT 

CHAPEL  HILL 


2273 
Conf. 


